[CALL TO ORDER]
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COMMISSIONER VILLALOBOS, GOOD MORNING, COMMISSIONER PLACKO, GOOD MORNING.
AND MAYOR GOMEZ, GOOD MORNING.
IF WE CAN ALL PLEASE RISE, COMMISSIONER BOLTON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.
WE WILL NOW MOVE TO OUR COMPREHENSIVE PLAN UPDATE, WHICH WILL BE PRESENTED BY MAXINE CALLOWAY, DIRECTOR OF COMMUNITY DEVELOPMENT AND ALL EXECUTIVE TEAM IS ON TEAMS. SO FOR ANYONE WATCHING, THAT IS WHERE THEY ARE.
[1. Comprehensive Plan Update]
ALL RIGHT, GOOD MORNING AGAIN.MAXINE CALLOWAY, FOR THE RECORD DIRECTOR OF COMMUNITY DEVELOPMENT, THIS MORNING'S PRESENTATION WILL GO OVER THE COMPREHENSIVE PLAN AND THE BILL WILL GO OVER THE COMPREHENSIVE PLAN, WHICH WE EXPECT TO BE A MAJOR PROJECT THAT WILL BE UNDERTAKEN BY THIS OFFICE, OF COURSE, WITH THE HELP OF THE COMMISSION AND THE COMMUNITY FOR THIS YEAR, FOR 2022.
SO JUST WANT TO GIVE YOU SOME BACKGROUND ON WHAT THE COMPREHENSIVE PLAN IS, ACCORDING TO THE AMERICAN CONTENT ASSOCIATION.
OF COURSE, ONE OF THE FUNDAMENTAL RESPONSIBILITIES OF ALL LOCAL GOVERNMENTS IS THE PLAN FOR THE FUTURE GROWTH AND DEVELOPMENT OF THEIR COMMUNITY.
AND SO THE GUIDANCE DOCUMENT THAT RESULTS FROM THIS PLANNING PROCESS IS WHAT WE CALL THE COMPREHENSIVE.
THE COMPREHENSIVE PLAN IS A FIVE TO 10 YEAR LONGER VISION DOCUMENT FOR THE FUTURE OF THE CITY.
IT'S REALLY THE BLUEPRINT FOR HOW THE CITY WILL PROACTIVELY AND COMPREHENSIVELY ADDRESS FUTURE GROWTH AND DEVELOPMENT.
IMPORTANTLY, OF COURSE, IT'S REQUIRED BY FLORIDA STATUTE ONE SIX TWO THREE THREE ONE SIXTY SEVEN.
SO EVERY MUNICIPALITY, EVERY COMMUNITY PROVIDED A POPULATION OVER 50000 IS REQUIRED TO ADOPT A COMPREHENSIVE PLAN.
IT PROVIDES A FRAMEWORK FOR HOW THE CITY OF TAMARAC WOULD MAKE BIG PICTURE DECISIONS.
IT DIRECTS GROWTH TO DIFFERENT PARTS OF THE CITY, AND IT PROVIDES GUIDANCE FOR THE PHYSICAL DEVELOPMENT OF THE COMMUNITY, WITH AN EMPHASIS ON FUTURE LAND USE PLANNING.
THIS REALLY COMES FROM THE IMPLEMENTATION OF THE LAND DEVELOPMENT REGULATIONS, WHICH YOU WILL TALK ABOUT A LITTLE BIT FURTHER AS I CONTINUE THIS PRESENTATION.
IT'S DEVELOPED IN CONCERT WITH THE COMMUNITY, WITH STAKEHOLDERS AND ELECTED OFFICIALS AND STAFF, AND WE'LL TALK ABOUT THE COMMUNITY PARTICIPATION COMPONENT, WHICH IS A SIGNIFICANT PART OF THIS PLANNING PROCESS.
AND IT'S ALSO A LIVING DOCUMENT.
IT'S DESIGNED TO GROW AND CHANGE WITH THE COMMUNITY, AND SO IT REALLY ALLOWS FOR AMENDMENTS.
IT ALLOWS FOR THE CITY TO RESPOND TO MARKET CONDITIONS, WHICH WE HAVE IN THE PAST AND A LOT OF THE AMENDMENTS THAT WE HAVE UNDERTAKEN WITH THE COMPREHENSIVE PLAN IS A RESULT OF THE CITY RESPONDING TO MARKET CONDITIONS SUCH AS THE WARD ONE, COMMUNITY EATON, WEST VILLAGE SQUARE OR ALL CONVERGENCE BUILDING.
SOME OF THE AMENDMENTS THAT WE HAVE UNDERTAKEN IN THE PAST TO THE PLAN HAS REALLY BEEN OUR RESPONSE TO HOW THE MARKET IS DEVELOPING AND JUST RESPONDING TO THOSE CONDITIONS.
THE CITY IS GROWING, WHICH IS WHY IT'S ESSENTIAL TO PLAN FOR THE FUTURE.
AND I KNOW AT THE LAST STRATEGIC PLANNING SESSION, THE CITY MANAGER SHARED THE MOST RECENT CENSUS POPULATION GROWTH.
BUT BETWEEN 2010 AND 2020, WE WENT FROM SIXTY THOUSAND FOUR TWENTY FOUR PERSONS POPULATION TO NOW SEVENTY ONE THOUSAND EIGHT HUNDRED AND NINETY SEVEN.
AND IF WE ARE EXPECTED TO FOLLOW THAT SAME TREND OR PREDICT PROJECTION, IT LOOKS LIKE THE CITY IS GROWING BY APPROXIMATELY ELEVEN THOUSAND FOUR HUNDRED AND SEVENTY PEOPLE EVERY TEN YEAR.
EVEN SO, IN THE NEXT 18 YEARS OR BY 2040, WE'RE EXPECTED TO HAVE A POPULATION OF NINETY FOUR THOUSAND FOUR SEVENTY TWO, WITH BROWARD COUNTY GROWING AS A REGION AND WILL HAVE OVER TWO POINT FIVE MILLION PEOPLE TOTAL.
SO JUST FOCUSING ON WHY IT'S IMPORTANT FOR US TO PLAN FOR THIS EXPECTED POPULATION GROWTH, WHICH WE KNOW WILL OCCUR.
AND JUST QUICKLY SOME BACKGROUND AS TO WHY THE COMPREHENSIVE PLAN IS REQUIRED.
IT'S A REQUIREMENT OF THE NINETEEN EIGHTY FIVE GROWTH MANAGEMENT ACT, WHICH IS NOW CALLED THE COMMUNITY PLANNING ACT, AND IMMEDIATELY AFTER THAT WAS ADOPTED, THE CITY OF TAMARAC ADOPTED ITS FIRST COMPREHENSIVE PLAN WHEN THE ACT WAS ADOPTED OR WHEN THE FLORIDA LEGISLATURE DECIDED TO DO THIS AND STANDARDIZE THE WAY CITIES AND MUNICIPALITIES
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PLAN FOR THE FUTURE.IT WAS REALLY DESIGNED TO STRENGTHEN THE EXISTING ROLE IN THE PROCESSES AND THE POWERS OF LOCAL GOVERNMENT TO ESTABLISH THE IMPLEMENTATION OF COMPREHENSIVE PLANNING PROGRAMS AND GUIDANCE, CONTROL FUTURE GROWTH TO ALSO ESTABLISH MEANINGFUL AND PREDICTABLE STANDARDS FOR THE USE AND DEVELOPMENT OF LAND, AND TO ALLOW FOR THE AMENDMENT OF THE COMPREHENSIVE PLANS OR THE ELEMENTS OR PORTIONS THEREOF TO GUIDE FUTURE DEVELOPMENT AND GROWTH, WHICH IS WHAT I MENTIONED BEFORE, WHICH IS US BEING ABLE TO RESPOND TO MARKET CONDITIONS.
AND SO THAT'S WHY THE DOCKET, THE DOCUMENT IS FLUID.
THIS COMPREHENSIVE PLAN, AS WITH THE LAST COMPREHENSIVE PLAN THAT WAS ADOPTED IN 2007, WILL HAVE A SIGNIFICANT COMMUNITY PLANNING COMPONENT, AND THIS REALLY ALLOWS US AS A JURISDICTION TO BE PROACTIVE AND HAVE A GREATER CONTROL OVER OUR DESTINY.
IT ALLOWS FOR US TO STEP BACK FROM DAY TO DAY ACTIVITIES AND IDENTIFY FACTORS INFLUENCING AND SHAPING THE COMMUNITY.
IT PROVIDES ONE OF THE ONLY OPPORTUNITIES FOR A COMPREHENSIVE ANALYSIS OF THE COMMUNITY AND TO EVALUATE HOW COMPETING INTERESTS CAN BE BALANCED.
MOST IMPORTANTLY, IT ALLOWS US TO BUILD CONSENSUS AND COMMITMENT FROM ELECTED OFFICIALS, FROM APPOINTED OFFICIALS, WHICH IS A PLAN AND BOARD FROM THE STAFF, FROM THE OVERALL COMMUNITY AND OTHER INTERESTED STAKEHOLDERS.
THIS REALLY ALLOWS US TO COME TOGETHER AND TO TALK ABOUT THE VISION OF THE CITY, AND THAT WAY THE COMMUNITY IS IN MORE OF A POSITION TO TELL US WHAT THEY ARE WILLING TO ACCEPT IN TERMS OF PROJECTS AND HOW THE CITY DEVELOPMENT DEVELOPS AND HOW THEY WANT TO SEE THE CITY IN THE FUTURE.
TO TALK ABOUT OUR OWN COMPREHENSIVE PLAN IN 2007 WAS THE LAST TIME THE CITY COMPREHENSIVELY UPDATED ITS COMPREHENSIVE PLAN, OR CURRENT PLAN HAS 10 ELEMENTS.
THAT ARE REQUIRED ELEMENTS, AND WE HAVE ONE ELEMENT.
AND WE HAVE ONE ELEMENT THAT IS AN OPTIONAL ELEMENT.
THE FUTURE LAND USE ELEMENT, OF COURSE, IS ONE OF THE MOST IMPORTANT ELEMENT OF THE COMPREHENSIVE THE COMPREHENSIVE PLAN.
IT INCLUDES A FUTURE LAND USE MAP, ITS ASSOCIATED CLASSIFICATION DESCRIPTIONS.
IT PROVIDES DENSITIES AND INTENSITIES FOR DEVELOPMENT AND IS PRIMARILY IMPLEMENTED BY THE LAND DEVELOPMENT REGULATION.
IT ALSO PROVIDES ESSENTIAL GUIDANCE FOR DECISION MAKING EXAMPLE DURING REZONING DECISIONS WE WOULD USE AS FUTURE LAND USE ELEMENT OR THE FUTURE LAND USE MAP TO APPLY CERTAIN DENSITY TO PROJECT.
AND OFTENTIMES YOU WILL SEE US AMEND THIS MAP SO WE CAN EITHER CHANGE THE FUTURE LAND USE DESIGNATION SO WE CAN APPLY A CERTAIN AMOUNT OF DENSITY TO BE CONSISTENT OR COMPATIBLE WITH A ZONING DESIGNATION.
THE TRANSPORTATION ELEMENT ADDRESSES MOBILITY ISSUES AND PLAN FOR A MULTIMODAL TRANSPORTATION SYSTEM THAT PLACES EMPHASIS ON PUBLIC TRANSPORTATION SYSTEM WHERE FEASIBLE.
IT ALSO ESTABLISHES A LEVEL OF SERVICE SYSTEM AND NEEDS AND THE AVAILABILITY OF TRANSPORTATION FACILITIES AND SERVICES.
THIS YEAR, IN ADDITION TO THE AMENDMENT OF THE COMPREHENSIVE PLAN, WE ARE ALSO SIMULTANEOUSLY DOING THE MULTIMODAL TRANSPORTATION PLAN, WHICH MUCH OF THE STRATEGIES THAT WILL BE DEVELOPED FROM THAT PLAN WILL BE PULLED INTO THE COMPREHENSIVE PLAN.
SO THIS YEAR, WE'RE DEALING WITH TWO THINGS REGARDING TRANSPORTATION THE MULTIMODAL TRANSPORTATION PLAN AND, OF COURSE, A COMPREHENSIVE PLAN WHICH HAS AN IMPORTANT REQUIRED ELEMENT, WHICH IS THE TRANSPORTATION ELEMENT.
THE HOUSING ELEMENT PROVIDES STRATEGIES FOR THE PROVISION OF HOUSING FOR ALL CURRENT AND FUTURE RESIDENTS OF THE CITY.
THE ELIMINATION OF SUBSTANDARD DWELLING CONDITIONS.
THE STRUCTURAL AND ESTHETIC IMPROVEMENT OF EXISTING HOUSING.
AND IT ALSO PROVIDES FOR ADEQUATE SITES FOR FUTURE HOUSING.
THE CREATION AND PRESERVATION OF AFFORDABLE HOUSING.
AND I JUST WANT TO POINT OUT THAT BASED ON THE POPULATION FOR THE CITY AND THE REGION AND BROWARD COUNTY, AND BASED ON THE MOST RECENT AFFORDABLE HOUSING ASSESSMENT THAT WAS DONE BY BROWARD COUNTY IN 2018, TAMARAC NEEDS TO PLAN FOR HOUSING TO ACCOMMODATE THE OVER 20000 PEOPLE THAT WILL BE OCCUPYING OUR CITY OVER THE NEXT 18 YEARS.
WHILE WE ADDED ONE THOUSAND TWO HUNDRED AND TWELVE HOUSING UNITS IN A 10 YEAR PERIOD CURRENTLY BASED ON THE AFFORDABLE HOUSING ASSESSMENT THAT WAS DONE BY THE COUNTY, THE CITY OF TAMARAC HAS A DEFICIT IN AFFORDABLE HOUSING FOR THE LOW, FOR THE MODERATE INCOME RENTERS AND FOR OWNERS.
IN FACT, WE HAVE OUR FIRST TIME HOMEBUYERS HAVING A DIFFICULT TIME ACQUIRING PROPERTY HERE IN THE CITY.
WE JUST APPROVED 10, 10 APPLICANTS FOR OUR FIRST TIME HOMEBUYER PROGRAM.
THEY ARE CHARGED WITH FINDING A HOME IN TAMARAC WITHIN 45 DAYS OR SO AT A PRICE OF ABOUT 352371.
I CAN TELL YOU WE WE'RE HAVING SIGNIFICANT DIFFICULTY WITH OUR
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APPLICANTS BEING ABLE TO FIND PROPERTY IN TAMARAC AT THAT RANGE.AND SO THIS JUST EMPHASIZES THE IMPORTANCE OF THE HOUSING ELEMENT.
AND WHILE WHY WE WILL HAVE TO FOCUS ON MAKING SURE THAT WE PROVIDE STRATEGIES TO PROVIDE AFFORDABLE HOUSING GOING FORWARD TO MAKE SURE THAT WE HAVE THE HOUSING CHOICE FOR THE INCREASE IN POPULATION THAT IS EXPECTED HERE IN TAMARAC, THE INFRASTRUCTURE ELEMENT IDENTIFIES WAYS TO PROVIDE FOR FUTURE POTABLE WATER DRAINAGE SANITARY SEWER.
IT SPEAKS TO SOLID WASTE OR CONSERVATION ELEMENTS, TALKED ABOUT CONSERVATION AND USE AND PROTECTION OF OUR NATURAL RESOURCES OR RECREATION AND OPEN SPACE ELEMENT, AND INDICATES A COMPREHENSIVE SYSTEM OF PUBLIC AND PRIVATE SITES FOR RECREATION, INCLUDING, BUT NOT LIMITED TO, NATURAL RESOURCES AND OUR INTERGOVERNMENTAL COORDINATION ELEMENT THAT DEMONSTRATES OR HOW WE CONSIDER AND PARTNER WITH LOCAL GOVERNMENTS THAT ARE ADJACENT TO US, HOW WE INCLUDE THEM IN OUR PLANNING PROCESS AND COORDINATE WITH THEM.
THERE'S ALSO A PUBLIC SCHOOL ELEMENT.
I'M SORRY, THE CAPITAL IMPROVEMENT ELEMENT CONSIDERS THE NEED FOR AND THE LOCATION OF PUBLIC FACILITIES IN ORDER TO ENCOURAGE THE EFFICIENT USE OF THE FACILITIES INCLUDED.
AND OUR PUBLIC SCHOOL FACILITIES ELEMENT ALLOWS US TO COORDINATE WITH THE SCHOOL BOARD TO ENSURE THAT PUBLIC SCHOOL FACILITIES WILL BE AVAILABLE FOR CURRENT AND FUTURE STUDENTS.
AND LASTLY, IS OUR ECONOMIC DEVELOPMENT ELEMENT.
MOST OF YOU MIGHT RECALL WE ADOPTED THIS IN 2018.
IT'S AN OPTIONAL ELEMENT OF THE COMPREHENSIVE PLAN.
IT'S NOT REQUIRED, BUT WE ADOPTED IT BECAUSE WE WANTED TO FOCUS ON REDEVELOPMENT AND SHOW THAT THE CITY OF TAMARAC IS SERIOUS ABOUT REDEVELOPMENT IN OUR COMMUNITY.
SO WE ADOPTED THIS OPTIONAL ECONOMIC DEVELOPMENT ELEMENT IN 2018.
SO THIS SLIDE JUST SPEAKS TO WHO USES THE COMPREHENSIVE PLAN.
AND JUST TO SHOW THAT EVERY FACET OF THE CITY REALLY TOUCHES ON THIS DOCUMENT.
IT'S USED BY THE CITIZENS OF OUR COMMUNITY, THE DEVELOPERS.
THEY USE IT TO SUBMIT DEVELOPMENT AND ZONING PROPOSALS TO THE CITY.
MY OFFICE AND STAFF USE THIS PLAN TO PROVIDE LAND USE AND ZONING RECOMMENDATIONS TO THE PLANNING BOARD AND THEN IN TURN, THE PLANNING BOARD USE THE PLAN TO PROVIDE POLICY RECOMMENDATIONS TO YOU, THE CITY COMMISSION.
AND IN TURN, OF COURSE, THE CITY COMMISSION RELIES ON THE PLAN.
AS YOUR GUIDANCE DOCUMENT, IT'S WHAT YOU USE TO GUIDE POLICY DECISIONS REGARDING LAND USE AND ZONING AND DEVELOPMENT REGULATIONS THROUGHOUT THE CITY.
JUST WANT TO TOUCH BRIEFLY ON GROWTH AND VISION, JUST ALSO THAT, YOU KNOW THAT THIS PLAN IS INTENDED TO PROVIDE A SIGNIFICANT AMOUNT OF EMPHASIS ON VISION AND EXERCISE.
UTILIZING [INAUDIBLE] AND OTHER ROBUST PUBLIC ENGAGEMENT PROCESSES.
WE WANT TO MAKE SURE THAT WE IDENTIFY HOW AND WHERE THE COMMUNITY ASPIRED TO GROW, AND IT IDENTIFIES WHAT A COMMUNITY IS WILLING TO SUPPORT DURING IMPLEMENTATION, WHICH IS WHY THE COMMUNITY OUTREACH COMPONENT IS SO IMPORTANT.
WE ALSO EXPECT TO USE THIS COMPREHENSIVE PLAN TO ALIGN IT WITH OUR CITY'S 2040 STRATEGIC PLAN.
AND ON THIS SLIDE, I JUST WANT TO SHARE WITH YOU JUST PROCEDURALLY OR THE PROCESS IN TERMS OF HOW WE EXPECT TO START THE COMPREHENSIVE PLAN TO MAKE IT THROUGH THROUGH THE COMMUNITY PROCESS AND THEN TRANSITION OR TRANSFER TO THE STATE.
WE'RE AT PHASE ONE, WHICH IS THE CITY COMMISSION ONE IN THE PLAN.
AND SO WITH THAT, WE WILL HAVE A DISCUSSION WITH THE PLANNING BOARD.
THEY ARE A REQUIRED ELEMENT IN TERMS OF WHAT THE STATUTE REQUIRES IN TERMS OF BRINGING THEM INTO CONVERSATION.
ONCE THAT IS DONE, THEN WE GO OUT TO THE COMMUNITY WITH IDENTIFYING THE GOALS, OBJECTIVES AND PRIORITIES OF THE PLAN.
WE CONDUCT OUR VISION AND EXERCISE, AND OUR COMMUNITY OUTREACH IS WHERE WE COLLECT DATA AND TRY TO INTERPRET THAT DATA THAT WILL CULMINATE INTO THE DRAFTING OF A PLAN.
ONCE WE PREPARE A DRAFT PLAN, THEY WILL TAKE IT TO THE PLANNING BOARD AT A RECOMMENDATION HERE, AND THEY WILL MAKE CHANGES, IF ANY.
AND THEN WE WILL SCHEDULE A PUBLIC HEARING BEFORE THE CITY COMMISSION ON FIRST READING FOR AN ADOPTION OF THE ENTIRE PLAN.
ONCE THAT IS DONE, IT'S THEN TRANSMITTED TO THE STATE AND ALL THE REVIEW AGENCIES.
THEY HAVE 30 DAYS IN WHICH TO REVIEW THE PLAN.
AND ONCE THAT IS SENT BACK TO US AFTER THE STATE REVIEW, THEN THE CITY WILL HAVE 180 DAYS IN WHICH TO MAKE THOSE CORRECTIONS AND ADOPT THE PLAN.
ONCE THE PLAN IS ADOPTED ON SECOND READING, THEN THE PLAN IS IMPLEMENTED THROUGH BOTH THE LAND DEVELOPMENT REGULATIONS, AS WELL AS THE COMPREHENSIVE PLAN ITSELF.
AND LASTLY, IN THE LAST BUDGET CYCLE, THE CITY COMMISSION, OF COURSE, GRANTED $200000 FOR THE UPDATE OF THE COMPREHENSIVE PLAN, THE SCOPE OF THE PLAN, IT'S
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ALREADY DRAFTED.WE ALREADY HAVE CREATED A WEBSITE THAT YOU CAN SEE ON THIS SLIDE THAT IS GOING TO SPEAK DIRECTLY TO THE PLAN ITSELF.
WE WANT TO MAKE SURE THAT WE PROVIDE ALL THE INFORMATION TO THE COMMUNITY AND IT'S AS TRANSPARENT AS POSSIBLE.
WE EXPECT TO HAVE THE ACTUAL SCOPE OF WORK OUT IN THE PROCUREMENT PROCESS BY MID-FEBRUARY AND THEN WITH THE CONSULTANT BEING BROUGHT ON BOARD SOMETIME IN MARCH OR APRIL WITH THE REMAINDER OF THE YEAR DEDICATED TO THE CREATION OF THE PLAN AND THE ADOPTION OF THE PLAN.
THAT CONCLUDES MY PRESENTATION, I'LL TAKE ANY QUESTIONS AT THIS TIME.
MS. MAXINE, WHERE DO WE EXPECT THE GROWTH, THE POPULATION GROWTH THROUGHOUT THE CITY MOSTLY OR? JUST IN GENERAL.
I'M SORRY, COMMISSIONER, I WAS TRYING TO CLOSE OUT MY [INAUDIBLE].
THE PROCESS IS GOING TO PRECISELY DO THAT SO SOME COMMUNITIES CAN DIRECT THE GROWTH WHERE THEY THINK IT'S MOST ADVANTAGEOUS, WHERE THEY WANT TO SEE THE ROAD.
SOME COMMUNITIES MIGHT DO IT ON MAJOR THOROUGHFARES.
WE HAVE REDEVELOPMENT AREAS THAT WE HAVE ALREADY CREATED, WHICH WE HAVE IDENTIFIED AS AREA THAT'S IDEAL FOR GROWTH.
AND SO AS A PART OF THAT FUTURE LAND USE MAP THAT I TALKED ABOUT, THAT'S WHERE WE WOULD CONCENTRATE CERTAIN DENSITY SO WE CAN DECIDE WHERE WE'D LIKE TO DIRECT GROWTH IN THE CITY.
BASED ON HOW WE DEVELOP THAT FUTURE LAND USE MAP AND WHERE WE PLACE MOST OF OUR DENSITY AS IT IS NOW BASED ON OUR 2014 REDEVELOPMENT PLAN, WE ALREADY HAVE FOCUSED AREAS THAT WE HAVE DECIDED THAT OUR IDEAL FOR GROWTH AND FOR HIGHER DENSITY.
SEEING, NO OTHER COMMENTS OR QUESTIONS FROM THE COMMISSION.
MAXINE, THANK YOU VERY MUCH, AND WE LOOK FORWARD TO WORKING WITH YOU IN THE COMMUNITY FOR CONTINUING OUR GREAT PLANNING PROCESS FOR OUR BEAUTIFUL CITY.
BUT DON'T GO AWAY BECAUSE YOU'RE NEXT UP AGAIN FOR OUR ITEM NUMBER TWO ZONING IN
[2. Zoning in Progress Update]
PROGRESS UPDATE.IF I CAN SHARE WHILE YOU'RE DOING THAT, IF POSSIBLE, CAN YOU SPEAK A LITTLE BIT LOUDER? I KNOW THAT IT IS WORKING TO HAVE YOU BE HEARD BETTER HERE IN THE CHAMBERS.
I'M NOT SURE IF EVERYONE'S HAVING AN EASY ENOUGH TIME ON TEAMS, BUT I WOULD APPRECIATE IT.
OKAY, CAN EVERYONE SEE THE SLIDE? NO.
ALL RIGHT, SO WE'RE GOING TO DISCUSS THE ZONING IN PROGRESS THAT WAS INSTITUTED, SEE, ARE MY SLIDES ADVANCING? DID IT JUST ADVANCE? YES.
SO, AS YOU KNOW, ON NOVEMBER 3RD, THE CITY MANAGER INSTITUTED ZONING IN PROGRESS AS IT RELATES TO SITE SPECIFIC SMALL SCALE AND LARGE SCALE LAND USE AMENDMENT THAT'S GOVERNED BY CHAPTER 10 OF OUR CODE, WHICH TALKS ABOUT HOW ZONING IN PROGRESS IS INSTITUTED.
THE CITY MANAGER HAS THE ABILITY TO INSTITUTE IT AND THEN HAVE IT RATIFIED BY THE CITY COMMISSION, WHICH WAS DONE ON DECEMBER 8, 2021.
THE ZONING IN PROGRESS IS SLATED TO EXPIRE ON APRIL 2ND, 2022.
IT'S INSTITUTED FOR ONE HUNDRED AND FIFTY DAYS FROM NOVEMBER 3RD, SO IT'S APRIL 2ND, 2022 OR SOONER, DEPENDING ON WHETHER WE ADOPT LEGISLATION THAT THAT TERMINATES IT.
SO WE INSTITUTED ZONING IN PROGRESS FOR A COUPLE OF REASONS.
ONE, WE HAVE SOME CONFLICTING LANGUAGE IN OUR CODE AS IT RELATES TO SITE SPECIFIC LAND USE AMENDMENT, THE REVIEW PROCESS UNDER WHICH THOSE ARE FOR WHICH THOSE ARE UNDERTAKEN.
SPECIFICALLY, WE NOW KNOW THAT THOSE ARE LEGISLATIVE IN NATURE BASED ON A FLORIDA SUPREME COURT CASE LAW THAT ARE THAT ARE SPECIAL COUNSEL, OF COURSE, BROUGHT TO OUR ATTENTION AND WE LOOKED AT OUR CODE.
OF COURSE, WE KNOW THAT WE HAVE AN ISSUE THAT'S GOING ON WITH ONE PROJECT AS WELL.
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AND SO BASED ON THOSE THINGS AND A REVIEW OF OUR CODE, WE NOTICED THAT THE LANGUAGE IN THE CODE IS CONFLICTING SPECIFICALLY AS IT RELATES TO THE REVIEW PROCESS FOR SMALL SCALE AND LARGE SCALE LAND USE AMENDMENTS.AND SO THE ZONING IN PROGRESS THAT YOU SEE ON THE RIGHT OF THE SCREEN WAS INSTITUTED SPECIFICALLY TO ALLOW STAFF TO STUDY CERTAIN ISSUES.
THREE ISSUES DISTINCTLY, WHICH I'LL TALK ABOUT ONE OF THEM BEING THE REVIEW STANDARD BETWEEN QUASI JUDICIAL AND LEGISLATIVE, THE NEXT ONE BEING THE CIRCUMSTANCES UNDER WHICH CONTINUANCE OF COMPREHENSIVE PLAN PUBLIC HEARINGS MAY BE GRANTED.
AND THE THIRD ISSUE THAT'S BEING REVIEWED IS WHEN COMPREHENSIVE PLAN AMENDMENTS CAN BE RESUBMITTED IF WITHDRAWN OR DENIED.
SO THE FIRST ISSUE IS THE STANDARD OF REVIEW, WHICH IS QUASI JUDICIAL TO LEGISLATIVE, IT'S BEEN DETERMINED THAT WE HAVE BEEN REVIEWING THESE APPLICATIONS INCORRECTLY IN THE PAST, AND SO WE WANT TO MAKE SURE THAT THE CODE CORRECTLY REFLECTS THAT AND THAT IN AREAS WHERE IT SAYS QUASI JUDICIAL GOALS NEEDS TO BE CORRECTED AS A REVIEW PROCESS TO LEGISLATIVE.
THERE ARE THREE ERRORS IN THE CODE THAT IDENTIFIES SMALL SCALE AND LARGE SCALE LAND USE AMENDMENTS AS QUASI JUDICIAL.
AND SO I'M GOING TO IDENTIFY THOSE AREAS IN THIS PRESENTATION, WHICH OF COURSE, PRECEDE CONSENSUS FROM THE COMMISSION.
TO MAKE THOSE CHANGES, THOSE WOULD NEED TO BE AMENDED AND BROUGHT BACK TO THE CITY COMMISSION.
JUST FOR CONTEXT, SITE SPECIFIC SMALL SCALE LAND USE AMENDMENT ARE AMENDMENTS TO THE LAND USE MAP THAT ARE 50 ACRES OR LESS IN SIZE.
AND SO SOME OF THE EXAMPLES THAT WE HAVE FOR SMALL SCALE LAND USE AMENDMENTS ARE YOUR EDEN WEST PROJECT WAS ONE BAILEY SQUARE.
THE OLD CONVERGES BUILDING IS ONE AS WELL.
ROCK ISLAND STORAGE, TAMARAC VILLAGE.
THOSE ARE SOME OF THE PROJECTS THAT WE HAVE AMENDED THE LAND SMACK IN THE PATH THAT ARE SITE SPECIFIC, THAT ARE SMALLER SCALE, LESS THAN 50 ACRES IN SIZE AND YOUR LARGE SCALE LAND USE AMENDMENT SITE SPECIFIC.
AGAIN, IT'S AMENDMENT TO THE CLASSIFICATION OF THE LAND USE MAP FOR PROPERTIES THAT ARE 50 ACRES OR GREATER.
AND SOME EXAMPLES ARE WHAT ONE PROJECT IS A LARGE SCALE PROJECT, THE WOODLANDS.
OF COURSE, THAT APPLICATION THAT HAS BEEN FILED WITH US IS A LARGE SCALE PROJECT.
HIDDEN TRAIL [INAUDIBLE] PARK.
THOSE ARE SOME PROJECTS THAT ARE LARGE SCALE IN NATURE.
SO THE FIRST CHANGE THAT WE WOULD HAVE TO ADDRESS IS CHAPTER TWO, SECTION TWO-THREE SIX NINE, WHICH, AS YOU SEE NUMBERS TWO HAS SITE SPECIFIC LAND USE AMENDMENT AS QUASI JUDICIAL MATTER, AND WE KNOW THAT THAT'S NOT CORRECT BASED ON OUR RECENT EXPERIENCE.
AND SO THAT WOULD NEED TO BE STRICKEN OR ADJUSTED.
THE OTHER TWO AREAS ARE CHAPTER 10, SECTION 10-FIVE POINT TWO.
THERE IS A CHART THAT LISTS ALL THE APPLICATIONS AND THE REVIEW STANDARD THAT'S ASSOCIATED WITH EACH APPLICATION.
THE CHART IS INCORRECT AS IT RELATES TO SITE SPECIFIC SMALL SCALE AND LARGE SCALE LAND USE AMENDMENT.
IT LISTS THEM AS QUASI JUDICIAL SO THAT TWO WOULD NEED TO BE CORRECTED TO STATE LEGISLATIVE.
CHAPTER 10, SECTION 10-FIVE POINT FOUR ALSO HAS TWO INCONSISTENCY, BOTH AS IT RELATES TO THE PLANNING BOARD REVIEW, WHICH AS YOU SEE UNDERLYING IT, SETS A HEARING SHALL BE QUASI JUDICIAL THAT WOULD NEED TO BE CHANGED TO LEGISLATIVE AND THEN G SPEAKS TO THE CITY COMMISSION REVIEW AND DECISION.
IT SAYS THE HEARING SHALL BE QUASI JUDICIAL IN NATURE THAT TWO WOULD NEED TO BE CHANGED TO LEGISLATIVE.
THE COMMISSION ALSO DIRECTED STAFF TO CONSIDER TO LOOK AT CIRCUMSTANCES UNDER WHICH CONTINUANCES OF COMPREHENSIVE PLAN PUBLIC HEARINGS MAY BE GRANTED, AND CHAPTER 10, SECTION 10-FIVE POINT THREE DEALS WITH REQUESTS TO DIVERSE TO DEFER SCHEDULED AND NOTICE HEARINGS.
THIS PROVISION IS NOT SPECIFIC TO SITE SPECIFIC LAND USE AMENDMENTS.
IT'S GENERAL IN NATURE, AND IT COVERS ALL THE APPLICATION TYPES THAT THIS OFFICE COULD PROCESS.
AND SO I JUST WANT TO POINT THAT OUT.
SO WE ARE GOING TO MAKE ANY CHANGES AS IT RELATES TO THIS PROVISION WOULD WANT TO MAKE IT SPECIFIC TO SMALL SCALE AND LARGE SCALE LAND USE AMENDMENT BECAUSE AS IT IS NOW, IT'S GENERAL TO ALL APPLICATIONS.
SO THE PROCESS THAT WE HAVE UTILIZED IN THE PAST FOR ALL APPLICATIONS, IF A CONTINUANCE IS REQUESTED BY AN APPLICANT BEFORE ANY MAIL NOTICES ARE SENT OUT, THEN ADMINISTRATION CAN GRANT THOSE CONTINUANCE AND MOVE IT TO A MORE APPROPRIATE HEARING DATE.
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HOWEVER, IF THE NOTICE IS GRANTED AND NOTICES HAVE BEEN FORMALIZED AND SENT OUT, THEN THE REVIEW BOARD FOR WHICH A NOTICE WAS SENT OUT.IF IT WAS THE PLANNING BOARD OR THE CITY COMMISSION, ONLY THAT BODY CAN THEN GRANT THAT CONTINUANCE.
AND SO THE APPLICANT WOULD THEN COME BEFORE THAT BODY SEEK THAT CONTINUANCE AND THE BODY IS ABLE TO GRANT IT OR DENY IT.
AND THIS IS A PROCESS WE HAVE USED FOR ALL APPLICATION.
ONCE THE NOTICE, THE NOTICES HAVE BEEN SENT OUT.
SO YOU WOULD NEED TO DIRECT US AFTER THIS PRESENTATION AS TO WHETHER OR NOT YOU'D LIKE US TO BRING BACK LEGISLATION AND MAKE ANY CHANGES AS IT RELATES TO THIS PROVISION.
THE THIRD ITEM THAT IS UNDER CONSIDERATION IS WHEN COMPREHENSIVE PLAN AMENDMENTS CAN BE RESUBMITTED OR WITHDRAWN AS IT IS NOW, SECTION 10-FIVE POINT THREE G SEVEN DEALS WITH APPLICATION WITHDRAWAL.
AFTER AN APPLICANT HAS BEEN ACCEPTED FOR THE REVIEW AND THE APPLICANT HAS SUBMITTED THEIR APPLICATION, ONCE THE APPLICANT, THE APPLICATION IS HEARD OR THE PUBLIC HEARING ITS NOTICE IF THE APPLICANT IS ASKING FOR A WITHDRAWAL.
THEN THE APPLICANT CANNOT SUBMIT ANY PROPOSED APPLICATION ON THE SAME OR SIMILAR DEVELOPMENT OR ANY PART ON THE SAME LAND WITHIN SIX MONTHS AFTER THE DATE OF THAT WITHDRAWAL.
IF THE APPLICATION HAS BEEN HEARD BY THE COMMISSION AND THEN THE APPLICATION WAS DENIED BY THE COMMISSION, THEN THAT APPLICANT CANNOT SUBMIT THAT APPLICATION FOR ONE YEAR AFTER THE DATE OF THAT DENIAL.
HOWEVER, THE CODE DOES PROVIDE FOR SOME DISCRETION, PROVIDES DISCRETION TO THE CITY COMMISSION OR TO THE PLANNING COMMISSION FOR THAT ONE YEAR.
SO THE APPLICATION HAS BEEN DENIED, THEN THE CITY COMMISSION HAS SOME DISCRETION TO WAIVE THAT TIME LIMITATION.
AND THERE ARE SOME CRITERIA OR STANDARD THAT'S INCLUDED IN THE CODE THAT ALLOWS THE COMMISSION TO CONSIDER THE WAIVER OF THAT ONE YEAR CRITERIA.
ONCE AGAIN, FOR THE LAST TWO FOUR CONTINUANCE, AS WELL AS FOR WITHDRAWAL THAT COVERS ALL THE APPLICATION TYPE THAT WE HAVE IN THE CODE, AND IT'S NOT SPECIFIC TO SITE TO LAND USE AMENDMENT, LARGE SCALE AND SMALL SCALE.
AND SO IF THE CITY COMMISSION IS INTERESTED IN SEEING CHANGES AS IT RELATES TO THAT, THEN WE WOULD HAVE TO CARVE THAT OUT IN THE LARGE SCALE AND SMALL SCALE SECTION OF THE CODE.
SO THOSE ARE THE THREE, THOSE ARE THE THREE ISSUES THAT ARE MANAGED AS A PART OF THE ZONING IN PROGRESS.
AND SO AT THIS TIME, I'M OPENING UP TO ANY QUESTIONS.
WE'RE SEEKING DIRECTION AND CONSENSUS AS TO WHAT YOU'D LIKE US TO BRING BACK IN THE FORM OF AN AMENDMENT FOR THE THREE ISSUES THAT HAVE BEEN IDENTIFIED IN THE ZONE AND IN PROGRESS.
COMMISSIONER GELIN, VICE MAYOR, GELIN.
YOU REFERENCED SEVERAL ITEMS IN THE CODE THAT YOU STATED WERE INCORRECT.
IS THAT RIGHT? THAT IS CORRECT.
SO FOR MANY WHAT, WE HAVE SOME INCONSISTENCIES.
SO FOR MANY YEARS UNDER THE CITY ATTORNEY, SAM GOREN, WE WERE GIVEN BAD ADVICE AND INCORRECT ADVICE.
MS. GALLOWAY, COMMISSIONER VICE MAYOR.
IS THAT NECESSARY BECAUSE THERE ARE LEGAL DESCRIPTION ON CERTAIN THINGS, AND MAYBE WE SHOULD JUST BE MOVING FORWARD ON WHERE WE'RE GOING? WELL, YOU KNOW, THERE'S A THERE'S A CHANCE THAT SOME ENTITIES MAY SUE THE CITY AND WE NEED TO HAVE ON THE RECORD THAT WE WERE GIVEN POOR ADVICE AND WE HAD ILLEGAL LAWS ON THE BOOKS UNDER THE LONG TERM CITY ATTORNEY OF SAM GOREN.
SO SHE JUST STATED SHE JUST STATED THAT, YOU KNOW, WE HAD INCORRECT LAWS IN THE BOOKS.
VICE MAYOR, SHE SAID THERE WERE INCONSISTENCIES.
INCONSISTENCIES DO NOT MAKE THEM THAT THEY'RE ERRORS.
NO, SHE SAID SHE SHE SAID INCORRECT.
SHE SAID INCONSISTENCIES IN INCONSISTENCIES WE DO HAVE WHERE THE CODE CURRENTLY SAYS THE REVIEW PROCESS IS LEGISLATIVE IN NATURE.
WE DO HAVE ERRORS IN THE CODE THAT ALSO SAYS IT'S QUASI JUDICIAL.
SO WE JUST NEED TO CLEAN THAT UP.
SO IT SAID YOU MENTIONED SOMETHING ABOUT THE SUPREME COURT.
THEY MADE A RULING AND THE CITY ATTORNEY DID NOT ADJUST THE CODE TO REFLECT THAT UPDATED RULING.
[00:30:01]
EXCUSE ME FOR A SECOND.I'M GOING TO HAND THIS OVER TO OUR CITY ATTORNEY AS WE ARE IN A LEGAL MATTER REGARDING THE RULING ON QUASI JUDICIAL VS.
AND I THINK THIS NEEDS TO BE FOR HIM TO DIRECT US OF WHETHER WE CAN CONTINUE THIS CONVERSATION.
CITY ATTORNEY I WILL BE AS AS BRIEF AS POSSIBLE IN ORDER TO ANSWER THE VICE MAYOR'S QUESTION, AS WELL AS BE SENSITIVE TO THE THE MATTER THAT THE MAYOR AND ALL OF YOU ALL ARE AWARE OF ABOUT THE CURRENT ONGOING LITIGATION THAT ULTIMATELY, IN THE CONTEXT OF THAT VERY NARROW MATTER, THE COURTS WILL RESOLVE ONE WAY OR THE OTHER.
BUT AS TO THE ISSUE OF THAT COMMISSIONER OR VICE MAYOR GELIN RAISED, WE HAVE LOOKED HISTORICALLY INTO THE MINUTES AND ALL THE INFORMATION THAT WE HAVE AVAILABLE.
UNFORTUNATELY, THERE ARE GAPS, ADMITTEDLY THAT WE DON'T HAVE.
SO EVERYONE'S USING A LOT OF CODE WORDS AND DON'T WANT TO SAY THAT THE CITY ATTORNEY.
THESE INCONSISTENCIES AND GUYS, I DON'T WANT TO SAY THAT IT WAS I WOULD LIKE IT TO BE AT LEAST LET THE CITY ATTORNEY FINISH HIS COMMENTS.
WHAT I WILL SAY IS THAT THERE IS INFORMATION IN THE MINUTES THAT REFLECT THAT MY PREDECESSOR DID INFORM THE THEN CITY COMMISSION THAT COMP PLAN AMENDMENTS WERE LEGISLATIVE IN NATURE.
WHAT I DON'T KNOW THE ANSWER TO VICE MAYOR, UNFORTUNATELY, BECAUSE OF THE LACK OF RECORDS IS FROM THAT POINT WHERE MR. GOREN INFORMED THE COMMISSION THAT COMP PLAN AMENDMENTS WERE LEGISLATIVE IN NATURE, WHY THE CODE GOT CHANGED TO THE WAY IT CURRENTLY IS.
AND WHAT IF ANY, COMMENTS OR OBSERVATIONS WERE MADE BY MY PREDECESSOR DURING THE PUBLIC HEARING PROCESS? UNFORTUNATELY, THE MINUTES AND THE AND THE VIDEOS FROM THOSE MEETINGS ARE WE APPARENTLY CAN'T FIND THEM.
I CAN TELL YOU, AS I HAVE SAID FROM DAY ONE, IT IS MY POSITION AND I WILL CONTINUE TO ADHERE TO THIS POSITION.
IS THAT ALL COMPREHENSIVE PLAN MAP AMENDMENTS OF ANY SIZE ARE LEGISLATIVE IN NATURE, AND THAT IS MY ADVICE TO THIS BOARD HAS BEEN CONSISTENT IN THAT REGARD AND THAT WE NEED TO AMEND OUR CODE.
RIGHT, AND WHEN YOU WERE REPRESENTING THE FUND, THE WOODLANDS, YOU TOLD THE CITY ATTORNEY, SAM GOREN, THAT IT WAS LEGISLATIVE AND HE DISAGREED WITH YOU, ISN'T THAT CORRECT? IT'S A RELEVANCE FOR THIS.
I MEAN, I THINK WE'RE WILLING TO.
BUT BUT I WOULD SAY THAT YOUR STATEMENT IS NOT INCORRECT.
GENTLEMEN, WE ARE GOING TO NEED TO KEEP THIS.
WE ARE NOT HERE TO MAKE A RECORD FOR FUTURE LITIGATION.
IF THERE'S FUTURE LITIGATION THAT WILL BE PENDING AGAINST THE CITY, THEN THE CITY WILL HAVE TO DEAL WITH IT AT THAT TIME, THE MATTER AND WE ARE ACCOUNTABLE, THE CITY ATTORNEY THAT FAILED TO INFORM THE CITY COMMISSION OR CHANGE THE CODE LEGAL.
VICE MAYOR GELIN, YOU WERE NOT HERE AT THE TIME.
THIS WAS YOUR IDEA AT THE TIME.
THIS COMMISSION WAS NOT HERE AT THE TIME WHEN THIS WAS DONE AND THEREFORE ANY FUTURE POTENTIAL LITIGATION WILL BE DEALT WITH AT THAT TIME.
WE HAVE NO KNOWLEDGE HERE TO BE ABLE TO MAKE A STATEMENT OF FACT THAT YOU'D LIKE US TO.
SO PLEASE MOVE ON TO WHAT WE ARE DEALING WITH NOW TO CORRECT THE ISSUE THAT IS BEFORE US.
I HAVE KNOWLEDGE BASED ON THE ADVICE OF THE SPECIAL COUNSEL, AS WE ALL DO NOW AND WE DO TO CLOSE THE CIRCLE WE WOULD LIKE SOME DIRECTION.
IT'S VERY CLEAR FROM OUR POSITION AND EVERY DISCUSSION THAT WE'VE HAD REGARDING THIS MATTER THAT SECTION OF THE CODE REGARDING LEGISLATIVE VERSUS QUASI JUDICIAL DOES NEED TO BE AMENDED.
WHAT WE NEED BECAUSE IT'S INCORRECT, IN MY OPINION, YES.
AND THERE'S INTERNAL INCONSISTENCIES.
I WOULD POINT OUT THAT THERE IN SOME RESPECTS, MULTIPLE PARTIES WERE INVOLVED IN THE DRAFTING OF THOSE REGULATIONS BECAUSE SUBSEQUENT TO THE INITIAL INVOLVEMENT OF MY PREDECESSOR, I THINK WE ALSO ENGAGED A CONSULTANT TO UPDATE THE LAND DEVELOPMENT CODE.
AND SO I DON'T KNOW WHETHER OR NOT HOW THEY COORDINATED AND WHO PUT WHAT PROVISIONS IN.
SO NONETHELESS, WE DO NEED DIRECTION FROM THE COMMISSION ON THE OTHER ITEMS. DO YOU WANT US TO CHANGE THE THE WHEN THE ITEMS CAN BE BROUGHT BACK? AND WHO WANTS AND THE OBJECT FOR TODAY'S MEETING IS TO DISCUSS TODAY, GOING
[00:35:05]
FORWARD, THE OBJECT OF TODAY'S MEETING IS NOT TO DISCUSS THE PAST.WE HAVE REALIZED THROUGH THIS COMMISSION AND THIS TEAM HERE THAT THERE IS AN ISSUE AND NOW IT IS TIME TO RESOLVE THE ISSUE.
SO COMMISSIONER, PLEASE GO FORWARD WITH THE THREE ITEMS THAT WE ARE DISCUSSING RIGHT NOW, CHANGING IT FROM QUASI JUDICIAL TO LEGISLATIVE.
TIMING OF REVIEW, WHO REVIEWS IT AND TIMING A REVIEW, WE CAN GO THROUGH THOSE INDIVIDUALLY SEPARATELY, BUT RIGHT NOW, PLEASE MOVE IT FORWARD.
WELL, THE CITY ATTORNEY, JOHN HERRON, SAID IT'S VERY CLEAR TO ALL OF US, SO IT WAS CLEAR TO EVERYONE EXCEPT THE FORMER CITY ATTORNEY, SAM GOREN, THAT IT'S LEGISLATED.
SO THAT NEEDS TO BE ON THE RECORD IN CASE THERE'S A LAWSUIT.
COMMISSIONER VICE MAYOR NO THEORY THAT THE COURT CASE COMING UP ON AUGUST ON JANUARY 30TH OR 31ST, ONE OF THOSE DATES WHERE A JUDGE IS GOING TO DECIDE.
WE MAKE A DECISION TODAY THAT MAY HAVE AN IMPACT ON WHAT THE JUDGE HAS TO SAY ON THE 31ST AS WE RECEIVED AN EMAIL FROM OUR SPECIAL COUNSEL.
AND I'D LIKE TO HEAR FROM THE CITY ATTORNEY ON THAT.
VICE MAYOR, THAT CASE HAS BEEN STAYED.
THERE IS NO HEARING ON JANUARY 31ST, WE RECEIVED AN EMAIL FROM THE SPECIAL COUNSEL LAST WEEK TELLING US THAT THE CASE HAS BEEN STAYED WHILE THE APPEAL IS GOING FORWARD.
CITY ATTORNEY, DO WE MAKE A DECISION.
AND AN APPLICATION IS RESUBMITTED AT SOME POINT IN THE FUTURE.
IT WILL BE BOUND BY THE THE WHATEVER DIRECTION YOU GIVE US HERE TODAY TO MOVE FORWARD ON CHANGING THE CODE SO THAT WE KNOW.
AND I THINK THAT'S I BELIEVE THAT ANSWERS YOUR QUESTION.
WHATEVER NEW APPLICATION MAY COME IN, WHETHER IT'S ANY PARTICULAR DEVELOPER OR ANYONE, PERIOD AFTER THE ORDINANCES IS ADOPTED, THE CHANGE CODES ARE ADOPTED.
ANY NEW APPLICATION WOULD HAVE TO COMPLY WITH THE NEW REGULATIONS.
WHICH WOULD TREAT IT AS LEGISLATIVE.
AND SO IS THAT YOUR RECOMMENDATION THAT WE CHANGE IT TO LEGISLATIVE SO THAT IT MEETS THE LEGAL STANDARD OF THE STATE OF FLORIDA BECAUSE IT DID NOT MEET THE STANDARD BEFORE? YES, SIR.
CITY ATTORNEY, WILL YOU PLEASE? YOU HAD A BUNCH OF ADS IN THE QUESTION THAT WAS ASKED TO YOU THAT YOU JUST ANSWERED IN A GENERAL.
WOULD YOU PLEASE MAKE IT MORE SPECIFIC? IT IS YOUR OPINION THAT WE NEED TO MAKE A CHANGE AS THERE IS INCONSISTENCIES VERSUS SOME OF THE OTHER LANGUAGE TO BE ABLE TO POSSIBLY PUT US IN TROUBLE.
SO THERE IS NO THERE IS NO DOUBT AS TO MY POSITION.
WE NEED TO UPDATE OUR CODE SO THAT IT CONFORMS TO THE RULINGS OF THE FLORIDA SUPREME COURT AND IT ALSO IN ORDER TO REMOVE INTERNAL INCONSISTENCIES WITHIN OUR CODE.
AS IT RELATES TO WHAT IS THE STANDARD OF REVIEW, THERE IS A SECTION THAT SAYS THAT IS QUASI JUDICIAL.
THERE'S ANOTHER SECTION IN THE CODE THAT SAYS IT'S LEGISLATIVE THAT NEEDS TO BE REVISED, NEEDS TO BE MADE CONSISTENT WITH THE RULINGS OF THE FLORIDA SUPREME COURT ON THE ISSUE.
WHAT WE NOW NEED IS DIRECTION ON WHO WILL GRANT CONTINUANCES AND WHAT IS THE TIME FRAME THAT THE ANY APPLICANT HAS TO OBSERVE BEFORE BEING ABLE TO RESUBMIT.
CITY ATTORNEY, WE ARE NOT THE COMMISSION IS NOT RESPONSIBLE BECAUSE WE'RE NOT TRAINED AS LAWYERS, SO WE RELY ON THE CITY ATTORNEY TO MAKE SURE THAT OUR CODE MEETS THE STANDARD OF FLORIDA STATE LAW.
IS THAT CORRECT? AS A GENERAL, YES, SIR.
MARLON, THE QUESTIONS AT HAND, WOULD YOU LIKE TO ANSWER THEM? IT'S PROPOSED THAT YOU BELIEVE THAT IT SHOULD BE QUASI SHOULD BE LEGISLATIVE, NOT QUASI JUDICIAL FOR LAND USE PLANS.
LARGE SCALE LAND USE PLANS ALL IN ALL, IN LAND USE PLANNING.
I'M RELYING ON THE RECOMMENDATION OF THE ATTORNEY, I'M NOT AN ATTORNEY.
SO WHAT IS YOUR OPINION? WELL, I HAVE PLENTY AND I'LL BE HAPPY TO SHARE IT, BUT I'D LIKE TO GIVE EVERYBODY DEFERENCE FIRST.
SO YOU ARE DEFERRING YOUR OPINION TO THE CITY ATTORNEY'S OPINION INSTEAD OF YOUR OWN ON.
I DON'T HAVE A LEGAL OPINION BECAUSE I'M NOT AN ATTORNEY, SO I WILL TAKE THE RECOMMENDATION OF THE CITY ATTORNEY WHO'S RESPONSIBLE TO MAKE SURE THAT OUR CODE IS IN LINE WITH FLORIDA STATE LAW.
YOU'RE GOING FOR A LARGE LAND ATTORNEY PLAN TO BE FOR LEGISLATIVE.
[00:40:01]
THAT'S ITEM NUMBER ONE.ITEM NUMBER TWO IS WHO ARE LAND USE AMENDMENTS, ALL LAND USE AMOUNT, NOT JUST LARGE SCALE, ALL IN ALL AN AMENDMENT AND ALL LEGISLATION OR LEGISLATION.
RIGHT NOW, WE'RE MOVING ON AN ITEM NUMBER TWO.
JUST TO MAKE A DISTINCTION MAYOR.
THE REASON WHY WE'RE SEEING SMALL SCALE AND LARGE SCALE SITE SPECIFIC BECAUSE THAT'S EXACTLY WHERE THE CONFLICT LIES.
THE OTHER TYPES OF AMENDMENT, COMPREHENSIVE PLAN, THE CODE CORRECTLY STATES THOSE AS LEGISLATED.
SO THAT'S WHY THE DISTINCTION IS MADE TO THE SMALL SCALE AND LARGE SCALE.
THAT'S WHERE WE HAVE THE CONFLICT IN LANGUAGE, IN THE CODE.
ALL OF YOUR OTHER COMPREHENSIVE PLAN AMENDMENT, FOR EXAMPLE, THE ONE THAT WE'RE GETTING READY TO UNDERTAKE WITH THE UPDATE OF THE COMPREHENSIVE PLAN, IT'S ALREADY IDENTIFIED AS LEGISLATIVE AND.
SO COMMISSIONER GELIN IS GOING BY THE CITY ATTORNEY'S OPINION, WHICH IS TO MAKE THAT LEGISLATIVE FROM QUASI JUDICIAL.
SO ITEM NUMBER TWO IS WHO REVIEWS.
FOR THE EXTENSIONS WE HAVE IN OUR PROCESS RIGHT NOW THAT IF IT HASN'T COME BEFORE, COMMISSIONER MAILERS HAVEN'T GONE OUT OR A LEGISLATIVE BODY FOR MAKING REVIEW BECAUSE IT COULD BE PLANNING COUNSEL THAT IS WITH THE DIRECTOR.
IF IT'S AFTER THAT, IT IS WITH THE COMMISSION.
THAT IS WHAT IT CURRENTLY STANDS.
COMMISSIONER GELIN, VICE MAYOR, GELIN YOUR OPINION ON THAT.
I HAVEN'T DECIDED YET, I'LL DECIDE BY WEDNESDAY.
IT'S NOT COMING BACK TO US BY WEDNESDAY.
IT'S BEING DISCUSSED TODAY FOR CONSENSUS SO THE CITY CAN GO BACK AND HANDLE REDOING AN ORDINANCE ACCORDINGLY.
I'LL DISCUSS WITH THE CITY ATTORNEY AT ANOTHER TIME AND COME BACK WITH MY RESPONSE.
THAT'S WHAT TODAY IS ALL ABOUT FOR OUR CONSENSUS.
IF NOT, THEN YOUR CONSENSUS IS THAT IT STAYS THE SAME IF YOU HAVE NO CHANGE.
OK, THE THIRD ITEM IS WHEN PLAN AMENDMENTS SHOULD BE RESUBMITTED.
CURRENTLY, IT IS SIX MONTHS IF IT'S THE APPLICANT IS WAIVING IT THEMSELVES, REMOVING THE APPLICATION THEMSELVES AND A YEAR IF IT IS AFTERWARDS.
IF THE THING HAS BEEN DECIDED AND DENIED BY THE COMMISSION.
YOUR OPINION ON THAT? I'LL THINK ABOUT IT, YOU CAN GO TO THE OTHER COMMISSIONERS FOR NOW.
OK, SO THE WEIGHT ON YOUR OTHERS.
OK, SO THE DOESN'T HAVE AN OPINION, I WILL TURN TO YOU BY COMMISSIONER VILLALOBOS SO IF IT'S DENIED.
WHY DO WE WANT THEM TO COME BACK AGAIN TO US FOR A REAPPLICATION WHEN WE'RE HOLDING UP UP ANOTHER POTENTIAL STORE OR BUYER? THE PROCESS ALL OVER AGAIN.
I MEAN, ONCE TONIGHT, I THINK JUST THE NIGHT NOW.
WELL, I HAVE AN IDEA, BUT I'LL LET MAXINE DO YOU WANT TO ANSWER THAT? YEAH.
THE WAY THE CODE CURRENTLY READS, IF THE APPLICATION IS DENIED, THEN NO APPLICATION PROPOSED IN THE SAME OR SIMILAR DEVELOPMENT AND ALL OR PART OF THE SAME LAND SHALL BE SUBMITTED WITHIN ONE YEAR AFTER THE DATE OF THE DENIAL.
SO NO APPLICATION THAT IS SIMILAR IN NATURE FOR THE SAME PROPERTY OR PORTION OF THE SAME PROPERTY CAN BE SUBMITTED.
HOWEVER, THIS PROVISION PROVIDES YOU WITH SOME FLEXIBILITY.
SO IF THERE'S A DESIRE TO SEE THE PROPERTY DEVELOP, IF THERE IS SOME TYPE OF DISCUSSION WITH THE DEVELOPER THAT CAUSES THE DEVELOPER TO RETHINK THE SITE PLAN AND MAKE SOME CHANGES THAT IS AMENABLE TO THIS COMMISSION, THEN THIS COMMISSION HAS THE ABILITY BASED ON ABOUT FOUR CRITERIA OR STANDARD TO SHORTEN THAT ONE YEAR AND TO SEE IT SOONER, PROVIDED THERE'S A SUBSTANTIAL CHANGE IN THE CIRCUMSTANCES RELEVANT TO THE ISSUES OR FACTS CONSIDERED DURING REVIEW OF THE PRIOR APPLICATION, BUT THEREFORE STANDARDS THAT'S OUTLINED IN THE CODE THAT GIVES YOU SOME DISCRETION AS TO WHETHER YOU CAN SHORTEN THAT ONE YEAR.
AND ONCE AGAIN, THIS PROVISION GOVERNED ALL APPLICATION DEVELOPMENT APPLICATION TYPE, NOT JUST LAND USE AMENDMENTS.
THIS IS A FOLLOW UP QUESTION ON THAT.
SO LET'S SAY A LAND UNIVERSITY.
WE WE YOU KNOW, THE APPLICANT WANTS TO PUT A CHEVRON, BUT WE DENY THAT APPLICATION BECAUSE A CHEVRON.
THEN YOU'RE SAYING IF WAWA COMES IN OR IS THE NEWEST 7-ELEVEN VERSION OF WAWA COMES IN, YOU'RE SAYING THAT IT WOULDN'T EVEN COME TO US BECAUSE IT'S THAT.
BUT THAT IS BECAUSE IT'S A GAS STATION.
AND SO IF YOU DENY THAT GAS STATION, THE NO APPLICATION PROPOSING IN THE SAME OR SIMILAR DEVELOPMENT, SO IT'S DEVELOPMENT TYPE, IT'S THE USE THAT YOU WILL NOT CONSIDER FOR A YEAR UNLESS, OF COURSE, YOU WANT TO SHORTEN THAT HERE.
THERE'S A FEE THAT THE CODE CALLS FOR.
THE NEW DEVELOPER CAN COME BEFORE THE COMMISSION AND PROVIDED YOU REVIEW THESE STANDARDS, THEN YOU CAN SHORTEN THAT ONE YEAR.
IF THERE'S A SUBSTANTIAL CHANGE IN THE CIRCUMSTANCE, THERE'S NEW OR ADDITIONAL INFORMATION THAT'S AVAILABLE THAT WAS NOT AVAILABLE AT THE TIME YOU REVIEWED IT.
[00:45:04]
IF THE NEW APPLICATION PROPOSED TO BE SUBMITTED IS MATERIALLY DIFFERENT FROM THE PRIOR APPLICATION.THOSE ARE SOME OF THE THINGS YOU WOULD CONSIDER IF IT'S YOUR DESIRE TO SHORTEN THAT ONE YEAR.
COULD IT ALSO BE THAT WE ALSO HEAR SOMETIMES YOU WANT TO SHORTEN IT BECAUSE YOU HEAR FROM OUR RESIDENTS OR OUR BUSINESS OWNERS HOW THE LAND IS LOOKING AWFUL AND THERE NEEDS TO BE SOME CHANGE THERE AND OUR RESIDENTS ARE UPSET AND THEY WANT SOMETHING DONE.
IF WE HAVE IT BEING TOO LONG AND WE DON'T HAVE A WAIVER PROCESS, THEN WE CONTINUE TO HAVE SOME LIGHT LIKE THAT.
I AM NOT SEEING FROM COMMISSIONER BOLTON OR COMMISSIONER PLACKO.
THEIR DESIRE TO SPEAK, SO I WILL ACTUALLY I'M GOING TO ASK YOU THE QUESTIONS, THOUGH.
ARE YOU FOR THOSE THREE THINGS? THE NEXT, I WANT TO BRING UP A FOURTH.
ARE YOU OK TO CHANGE THE LEGISLATION? I'M OK.
YOU OK TO CHANGE THE LEGISLATION.
YOU'RE OK WITH HOW IT'S WRITTEN NOW.
LIBYA TODAY WAS PRESENTED, SO YOU'RE OK WITH LEDGES.
YOU WANTED TO GO TO LEGISLATIVE AND YOU'RE OK WITH THE TIMING THAT IS PLACED AS IS.
I BELIEVE THERE ARE SOME BIRTHDAY WISHES TO YOU.
HAPPY BIRTHDAY AND YOU ARE ON.
FIRST OF ALL, AS MY OPINION, AS FAR AS THE LAND USE BEING LEGISLATIVE, I MEAN ITS SUPREME COURT RULES, OUR ATTORNEY HAS RECOMMENDED THAT.
SO YES, THAT HAS TO BE CHANGED.
HOWEVER, WE WANT TO CALL THAT.
AS FAR AS DETERRING DEFERRING APPLICATIONS, GETTING EXTENSIONS AS I WOULD ONLY ENGAGE THE SMALL OR LARGE USE LAND PLANS.
I THINK THAT THE COMMISSION SHOULD RULE ON THOSE EXTENSIONS ONLY, BUT STRICTLY ON THE SMALL AND LARGE SCALE LAND USE PLANS THAT ONLY.
ADD AS FAR AS RESUBMITTING APPLICATIONS.
MY QUANDARY THERE IS AS COMMISSIONER VILLALOBOS JUST SAID, YOU HAVE ONE THING WANTING TO GO IN THAT DOESN'T WORK FOR WHATEVER REASON.
I WOULD NOT LIKE TO SEE US DENY SOMETHING SIMILAR BUT DIFFERENT FROM COMING THROUGH.
SO I DON'T KNOW HOW WE WORK THAT OUT, BUT THAT WOULD BE AN ISSUE FOR ME.
THANK YOU, I THINK THAT MIGHT BE CONSIDERING KEEP AS IS, IS THAT CORRECT, MS. GALLOWAY.
OK, SO WE'RE CHANGING FOR THE LAST PART, FOR THE RECENT MIDDLE PART, THE CONCERN THAT COMMISSIONER PLACKO HAD FOR THE RECENT MIDDLE PART.
SO THE WAY WE HAVE IT NOW IS IF IT'S PRIOR TO IF THE APPLICANT ITSELF WITHDRAWS IT PRIOR TO DECISION AT SIX MONTHS, IF IT'S AFTER A DENIAL, IT'S A YEAR.
NO, I MEAN, I THINK MY UNDERSTANDING OF COMMISSIONER PLACKO IS ON THE CIRCUMSTANCES UNDER WHICH CONTINUANCE OF COMPREHENSIVE PLAN PUBLIC HEARINGS MAY BE GRANTED.
SO IT'S THE SECOND ISSUE ON CONTINUANCE AS IT IS NOW.
IF AN APPLICANT ASKS FOR A CONTINUANCE ON A LAND USE PLAN AMENDMENT, AS WE DID WITH THE WOODLANDS, IF THAT CONTINUANCE IS ASKED FOR A PRIOR TO FORMALIZING NOTICES OR NOTICES HAVE BEEN SENT OUT, THEN ADMINISTRATION SPECIFICALLY DIRECTOR HAS THE DISCRETION TO GRANT THAT CONTINUANCE, WHICH IS WHAT WE DID WITH THE WOODLANDS PROJECT TWICE BEFORE BEFORE IT THEN WAS SCHEDULED BY THE COMMISSION.
IF, HOWEVER, NOTICES HAVE BEEN MAILED OUT AND AND FORMALIZED AND THE APPLICANT NOW IS ASKING FOR CONTINUANCE, THEN IT WOULD NEED TO COME BEFORE THAT BODY FOR WHICH THE NOTICE WAS ISSUED AND ASKED FOR THAT CONTINUING.
SO IF I'M NOT MISTAKEN, I THINK THAT'S THE AREA THAT COMMISSIONER PLACKO IS CONCERNED WITH.
I DON'T THINK SO UNLESS WE'RE TALKING ABOUT THE SAME THINGS, BUT DIFFERENTLY.
WHAT I'M TALKING ABOUT, I'M NOT TALKING ABOUT THE THE CONTINUANCE, THE EXTENSION, I'M TALKING ABOUT A PROJECT COMES IN AND WE DENY IT.
AND WHAT I'M UNDERSTANDING NOW, YOU'RE SAYING.
SO IF WAH-WAH WANTS TO COME IN AND WE DENY IT BECAUSE IT'S TOO LARGE, I'M JUST MAKING UP EXAMPLES.
AND THEN SOMEBODY ELSE COMES IN WITH A GAS STATION AS WELL ON A SMALLER SCALE.
[00:50:06]
WE SHOULD BE ABLE TO REVIEW THAT IN THAT CONTEXT.WE'RE GOING TO RESPOND TO THAT.
COMMISSIONER IS ASKING, SO YOU ARE CORRECT, MADAM MAYOR.
THIS IS UNDER THE WHEN COMPREHENSIVE PLAN AMENDMENTS CAN BE RESUBMITTED OR WITHDRAWN UNDER THAT COMMISSIONER PLACKO.
YOU DO HAVE SOME DISCRETION TO SEE IT BEFORE AND THEREFORE STANDARD.
AND I THINK THEIR CATCH ON AND BROAD ENOUGH TO WHERE YOU'D BE ABLE TO LOOK AT THAT APPLICATION AND MAKE A DECISION TO SEE IT BEFORE THE ONE YEAR.
IT SAYS THERE IS A SUBSTANTIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE ISSUES OR FACTS CONSIDERED DURING REVIEW OF THE PRIOR APPLICATION THAT MIGHT REASONABLY AFFECT THE DECISION MAKING BODIES APPLICATION OF THE RELEVANT REVIEW STANDARDS SO THE DEVELOPMENT PROPOSED IN THE NEW APPLICATION.
NEW OR ADDITIONAL INFORMATION IS AVAILABLE AVAILABLE THAT WAS NOT AVAILABLE AT THE TIME OF REVIEW OF THE PRIOR APPLICATION, AND THAT MIGHT REASONABLY AFFECT THE DECISION MAKING BODIES APPLICATION OF THE RELEVANT REVIEW STANDARDS OR THE DEVELOPMENT PROPOSED.
THE NEW APPLICATION PROPOSED TO BE SUBMITTED IS MATERIALLY DIFFERENT FROM THE PRIOR APPLICATION, AND THAT'S A BROAD ENOUGH STANDARD, MATERIALLY DIFFERENT.
THE CITY ATTORNEY CAN WEIGH IN ON THAT, AND THE FINAL DECISION ON THE PRIOR APPLICATION WAS BASED ON A MATERIAL MISTAKE OR OF FACT.
SO THOSE ARE THE STANDARDS THAT YOU WOULD CONSIDER PROVIDED YOU WANT TO SEE AN APPLICATION THAT MIGHT BE SIMILAR IN NATURE AND YOU DON'T WANT TO WAIT A YEAR TO DO SO.
THEN THE APPLICANT THEN WOULD COME BEFORE YOU.
THE CODE CURRENTLY PROVIDES FOR A FEE TO BE PAID, AND YOU WOULD HAVE THE DISCRETION TO HAVE THAT APPLICANT FORMALLY FILE WITH US BEFORE THAT ONE YEAR PERIOD.
OK, AS LONG AS WE HAVE THE DISCRETION TO REVIEW A NEW APPLICATION UNDER THAT, I WOULD BE OK WITH THAT.
BUT ON THAT, I WANT TO JUST NOTE THAT OUR CODE SAYS TWO THIRDS FOR THAT REVIEW PROCESS, THAT IT CAN COME BACK TO US ON A VOTE OF TWO THIRDS.
I WOULD LIKE TO HAVE SOME CONSISTENCY BECAUSE WE CAN'T HAVE TWO THIRDS OF FIVE, RIGHT? SO EITHER IT'S A THREE.
EVERYTHING IN OUR CODE, USUALLY FOR THESE THINGS ARE THREE MAJORITY OF OUR MAJORITY.
SO IF WE'RE GOING TO HAVE THEM COME BACK FOR AN APPLICATION, I THINK WE NEED TO ALSO AMEND THIS TO REMOVE US FROM BEING TWO THIRDS TO A MAJORITY.
SO THAT RIGHT, SO THAT'S ANOTHER ITEM I'M THROWING OUT TO TO REVIEW, SO WHILE COMMISSIONER PLACKO YOUR OPINION ON THAT? YEAH, I THINK THAT'S FAIR.
COMMISSIONER VILLALOBOS, YOU WERE SHAKING YOUR HEAD.
I'M SAYING THAT COMMISSIONER BOLTON DOESN'T WISH TO SPEAK.
I KNOW THAT COMMISSIONER VICE MAYOR GELIN IS WAITING FOR MY OPINIONS.
I'LL BE HAPPY TO EXPRESS THEM AT THIS TIME.
THE CHANGING THE PROCESS TO HOW SMALL SCALE AND SCALE LARGE SCALE INTO LEGISLATIVE.
I'M FINE WITH THAT AS FAR AS THE REVIEW PROCESS.
I'M FINE WITH THE WAY IT IS AS WELL.
THE REALITY IS SOME OF THE STUFF COMING BACK IN TECHNICAL FORM ON LAND, LARGE SCALE AND SMALL SCALE.
AS VICE MAYOR IS APTLY NOTED, WE'RE NOT.
NOT ALL ATTORNEYS HERE, SO WE SHOULD BE RELYING ON OUR PROFESSIONALS, SUCH AS OUR ATTORNEYS, FOR LEGAL ADVICE.
WE ARE ALSO NOT PROFESSIONALS IN LAND USE IN LARGE SCALE AMENDMENTS AND TRAFFIC AND DATA ANALYSIS AND WATER INFRASTRUCTURE AND ALL THE OTHER THINGS THAT GO INTO THE LARGE SCALE, WHICH INCLUDE MAKING SURE THAT WE HAVE ENOUGH WATER, MAKING SURE WE HAVE THE POLICE FORCE, MAKING SURE THAT THERE ARE CERTAIN THINGS FOR SCHOOL BOARD ARE ALL TAKEN CARE OF.
WE AS A COMMISSION DO NOT HAVE THAT KNOWLEDGE BASE WHEN THE WHOLE PROJECT IS NOT YET PRESENTED TO US.
SO THEREFORE I AM OK AS WELL WITH KEEPING IT IN THE DIRECTOR'S PURVIEW FOR THAT DECISION.
BUT ONCE APPLICATION IS MADE IN, MAILERS HAVE GONE OUT AND NOTICES HAS BEEN GIVEN TO THE COMMUNITY.
THAT MEANS THAT EVERYTHING IS BASICALLY READY SOUP TO NUTS IN A FORMAT FOR US THAT IS CLEAN FOR US TO UNDERSTAND AND COMPREHEND, AND I'D BE FINE WITH GOING THROUGH THE PROCESS THAT WAY.
MS. CALLOWAY, DO YOU HAVE SOMETHING TO ADD? NO, MADAM MAYOR, IF I CAN JUST I BELIEVE WE NOW HAVE SOME DIRECTION CONSENSUS GOING FORWARD, WE SHOULD BRING YOU BACK AN AMENDMENT TO THE CODE SPECIFICALLY UNDER REVIEW STANDARD FOR SITE SPECIFIC LARGE SCALE AND SMALL SCALE LAND USE AMENDMENT TO FIX THE DISCREPANCY THE CODE CURRENTLY HAVE AND MAKE IT LEGISLATIVE ALL THE WAY THROUGH.
IN ADDITION TO THAT, THERE IS NO CHANGES ON THE CIRCUMSTANCES UNDER WHICH CONTINUANCE OF THE PLANNED PUBLIC HEARINGS MAY BE GRANTED.
AND AS IT RELATES TO BE SUBMITTED OR WITHDRAWN, WE SHOULD AMEND THE TWO THIRDS TO A MAJORITY VOTE.
WE WILL NOW MOVE ON TO ITEM NUMBER THREE INITIATIVES, POLICY UPDATE AND THIS WILL BE DONE BY OUR CITY MANAGER'S OFFICE.
GOOD MORNING, MAYOR AND COMMISSIONERS LAURA AKRAPOVIC, ASSISTANT TO THE CITY MANAGER FOR THE RECORD, JUST WAITING FOR LEVENT TO PULL UP THE PRESENTATION.
SO WE SPOKE ABOUT THIS POLICY A COUPLE OF TIMES BEFORE, AND WE MADE SOME UPDATES BASED ON YOUR FEEDBACK.
SO TODAY I'M NOT GOING TO SPEND A LOT OF TIME ON IT, BUT WE'LL TRY TO RUN THROUGH IT QUICKLY.
BASED ON YOUR REQUEST AND DIRECTION, YOU KNOW, WE MADE SURE THAT WE DEVELOPED A POLICY THAT ADDRESSES SEVERAL OBJECTIVES.
ONE, WE AIM TO OUTLINE HOW INITIATIVE EXPENDITURES ARE SUPPOSED TO BE MADE AND MANAGED.
WE AIM TO PROVIDE PARAMETERS FOR COMMUNICATION AND COLLABORATION BETWEEN YOU AND CITY STAFF TO ENSURE THAT WE SUCCESSFULLY IMPLEMENT YOUR VISION FOR INITIATIVES.
WE SEEK TO PROVIDE THE PROCEDURE TO ENSURE A PROPER CHAIN OF CUSTODY FOR
[00:55:02]
INITIATIVE PURCHASES AND PROVIDE FORMS THAT WOULD SERVE AS TOOLS TO COMMUNICATE PERTINENT INFORMATION AND DIRECTION TO STAFF.OUR GOAL WAS TO KEEP THEM SIMPLE AND TO KEEP THEM COMPREHENSIVE.
AGAIN, INITIATIVES ARE ANY ACTIVITIES THAT ARE INITIATED BY ANY OF YOU WITH THE GOAL OF COMMUNITY ENGAGEMENT OR COMMUNICATION, AND THEY MAY INVOLVE THIRD PARTY FACILITIES.
ONE COMMON GOAL FOR THIS, OBVIOUSLY, THEY'RE DONE IN YOUR OFFICIAL CAPACITY FOR A PUBLIC PURPOSE.
I'M NOT GOING TO GO OVER ALL THESE EXAMPLES, YOU'VE SEEN THESE WITHIN ONE OF THE
[3. Initiatives Policy Update]
FOUR CATEGORIES ENGAGEMENT EFFORTS SUCH AS LEVENT OR MEETINGS, YOUR COMMUNICATIONS WITH THE PUBLIC, INCIDENTAL EXPENDITURES OR ANY OTHER ACTIVITIES THAT AGAIN SERVE A PUBLIC PURPOSE.SO THE PROPOSED POLICY OUTLINES POLICIES AND PROCEDURES THAT AIM TO ESTABLISH PROPER CHECKS AND BALANCES TO PROTECT YOU AND THE CITY.
THESE ARE THE BASIC POLICY STATEMENTS PERTAINING TO INITIATIVES.
AS YOU KNOW, WE PLAN FOR INITIATIVES AND WE BUDGET FOR INITIATIVES DURING OUR ANNUAL BUDGET PROCESS.
SO IT'S IMPORTANT THAT AS YOU CONSIDER DURING THE BUDGET PROCESS, YOU'LL CONSIDER YOUR NEEDS THAT PROPER FUNDS, ADEQUATE FUNDS ARE ALLOCATED AGAINST STANDARD EXPENDITURES ARE NOT TO EXCEED BUDGETED AMOUNTS.
AND AS YOU KNOW, YOU KNOW, ANY INITIATIVE EXPENDITURES HAVE TO COMPLY WITH ALL STATE AND CITY CODE REGULATIONS.
CURRENTLY, THE CITY CODE PROCUREMENT CODE PROVIDES THAT INITIATIVE EXPENDITURES ARE EXEMPT FROM PROCUREMENT PROCESSES.
EXPENDITURES CAN ONLY BE MADE FOR A PUBLIC PURPOSE.
AS YOU ALREADY KNOW, THIS IS PER FLORIDA STATE CONSTITUTION AND AS WELL AS FLORIDA SUPREME COURT DECISIONS AND ATTORNEY GENERAL'S OPINIONS, AND THESE EXPENDITURES TO SERVE A PUBLIC PURPOSE.
THEY MAY NOT PROMOTE ANY PARTICULAR RELIGION OR SUPPORT ANY POLITICAL ACTIVITIES OR ANY PRIVATE INTEREST.
AGAIN, THE POLICY PROPOSES THAT PROPER APPLICATIONS ARE SUBMITTED, COMPLETED AND REVIEWED BY THE FINANCE DIRECTOR AND THE CITY MANAGER, AND ONCE THEY'RE REVIEWED AND APPROVED AND THE FUNDS TO PAY FOR INITIATIVE EXPENDITURES WILL BE RELEASED AND WE'LL TALK ABOUT THE FARMS A LITTLE BIT LATER DOWN THE ROAD.
IN ADDITION, ALL INITIATIVE RELATED EXPENDITURES WILL BE CHARGED TO THE SPONSORING IN THE COMMISSIONER INITIATIVE ACCOUNT, WHICH INCLUDES STAFF OVER TIME AND REFRESHMENTS, SUPPLIES ANY FACILITY, RENTAL FEES, AS YOU KNOW, CITY FACILITIES SUCH AS
[01:00:05]
COMMUNITY CENTER AVAILABLE FOR YOU TO USE AT NO COST.AND IF THERE IS ANY FACILITY THAT YOU LIKE TO USE, YOU KNOW THAT IS CLOSER TO THE COMMUNITY'S POLICY RECOMMENDS PARTNERING WITH LOCAL HIGHWAYS AGAIN FOR FREE FACILITY USAGE.
BUT IF IF YOU ELECT TO USE THE FACILITY THAT CHARGES A FEE SUCH AS THE COLONY WAS THE COLONY, WHAT'S CLUBHOUSE, THEN THOSE FEES WOULD BE CHARGED TO THE INITIATIVE'S ACCOUNT.
AGAIN, THIS INCLUDES EXPERT SPEAKER AND RETAINER FEES, ANY FURNITURE OR EQUIPMENT RENTALS THAT MIGHT BE NEEDED PERMITS.
SO DETAIL ANY AND ALL MARKETING EXPENDITURES AND ANYTHING ELSE THAT MAY BE ASSOCIATED WITH INITIATIVES.
SO SEVERAL STEPS FOR SUCCESSFUL IMPLEMENTATION.
SO ONE, AS WE SPOKE ALREADY, FUNDS FOR INITIATIVES THAT ARE ALLOCATED IN THE CITY'S ANNUAL BUDGET, THE NEXT STEP WE'D ASK THAT YOU COLLECT ALL INITIATIVE INFORMATION, INCLUDING VENDOR OR PARTNER INFORMATION, IF THERE ARE ANY.
SO YOU CAN PUT ALL THAT INFORMATION IN THE FORMS OF EITHER ATTACHED TO THE POLICY AND PROVIDE DIRECTION TO STAFF THROUGH THE FORUMS SUCH AS THE COMMISSIONER INITIATIVE, RESOURCE REQUEST APPLICATION AND THE VENDOR PARTNER LIST, AS WELL AS DRAFT BUDGET FORM OR TO BE SUBMITTED TO THE CITY MANAGER'S OFFICE.
WE WILL THEN FORWARD THESE FORMS TO PARKS AND RECREATION DEPARTMENT FOR IMPLEMENTATION MANAGEMENT, AS WELL AS THE RISK MANAGEMENT DIVISION TO ESTABLISH ALL THE NECESSARY INSURANCE REQUIREMENTS OR WAIVE REQUIREMENTS, WHATEVER MIGHT BE NEEDED.
AS A FOUR STEP STAFF WILL COLLABORATE WITH YOU AND YOUR LIAISON ON IMPLEMENTATION AND, YOU KNOW, ONGOING COMMUNICATION IS KEY FOR FOR SUCCESS.
THAT INCLUDES, OF COURSE, COMMUNICATION WITH RISK MANAGEMENT.
FINALLY, YOU WILL IMPLEMENT THE EVENT OR INITIATIVE AND TRACK EXPENDITURES.
AND ONCE THE INITIATIVE WRAPS UP, YOU MAY SUBMIT A REIMBURSEMENT REQUEST FOR ANY EXPENDITURES THAT YOU'VE MADE RELATED TO INITIATIVES.
AS THEY MENTIONED, WE DEVELOPED A NUMBER OF FORMS TO CONSISTENTLY AND AND SIMPLY COLLECT INFORMATION ON WHAT MAY BE NEEDED.
FIRST IS THE COMMISSION INITIATIVE RESOURCE REQUEST APPLICATION.
SO THIS IS THE DETAILED FORM THAT COVERS EVERYTHING THAT YOU WILL NEED FROM STAFF PRIOR, DURING AND AFTER THE INITIATIVE.
YOU KNOW, THAT INCLUDES A DETAILED SET UP PLANS AND RESOURCES THAT MAY BE NEEDED, YOUR BUDGET THAT YOU PLAN TO DO, AND SO ON.
IN ADDITION, IF THERE ARE ANY PARTNER ORGANIZATIONS OR VENDORS THAT WILL BE ON SITE AND WE ASK THAT YOU ALSO SUBMIT A VENDOR LIST AND PARTNER FORM, WHICH WILL BE WHICH IS ACTUALLY LABELED RISK MANAGEMENT GUIDELINES.
SO THIS FORM WILL HELP RISK MANAGEMENT TO WORK WITH YOU AND COORDINATE ALL NEEDED WAIVERS OR INSURANCE REQUIREMENTS.
THESE TWO FORMS THAT WE MENTIONED MAY NOT APPLY, AND THOSE STEPS MAY NOT APPLY FOR SOME INITIATIVES THAT ARE VERY SIMPLE.
SO FOR EXAMPLE, IF IT'S JUST A ONE TIME THING, ONE TIME EXPENDITURE WHICH YOU MADE LIKE A LUNCH WITH A CONSTITUENT OR JUST A PAYING FOR A PRESS RELEASE THAT DIDN'T INVOLVE ANY STAFF TIME WHERE YOU JUST SUBMIT REIMBURSEMENT, THEN YOU'LL NEED THE REIMBURSEMENT FORM.
AND OBVIOUSLY ALL THE APPROPRIATE BACKUP.
AND AS YOU ALREADY KNOW, TAXES ARE NOT REIMBURSABLE.
ONE OF THE FORMS, THE REIMBURSEMENT PURCHASE PAYMENT REQUEST FORM IS GOING TO BE REQUIRED FOR ALL INITIATIVES.
SO IF YOU MAKE EXPENDITURES THAT YOU'D LIKE TO BE REIMBURSED FOR, THIS FORM NEEDS TO BE SUBMITTED.
IF YOU ASK STAFF TO MAKE PURCHASES FOR YOUR INITIATIVE, THIS FORM NEEDS TO BE SUBMITTED OR IF YOU HAVE A VENDOR INVOICE THAT YOU REQUEST TO HAVE TO PAY FROM YOUR INITIATIVE UPON COUNT.
THIS FORM IS SUBMITTED, SO AT ANY POINT, IF YOU'RE LOOKING TO EXPEND FUNDS FROM YOUR INITIATIVE ACCOUNT, THIS STAFF WILL HELP YOU FILL OUT THIS FORM FOR YOUR SIGNATURE AND IT WILL BE ROUTED TO FINANCIAL SERVICES AND THE CITY MANAGER AGAIN TO PROVIDE YOU WITH THE LAYER OF PROTECTION TO MAKE SURE THAT IT GETS PROPERLY REVIEWED AND AUDITED.
SO SOME TIME FRAMES FOR THESE ALL FORMS, AGAIN, THE INITIATIVE, RESOURCE REQUEST,
[01:05:01]
APPLICATION RISK MANAGEMENT GUIDELINES AND THE DRAFT BUDGET FORM FOR MOST INITIATIVES, SUCH AS EVENTS, WE WOULD REQUEST THAT THEY ARE SUBMITTED 120 DAYS IN ADVANCE TO PROVIDE FOR PROPER PLANNING AND IMPLEMENTATION.IF IT'S A SIMPLE REQUEST FOR FACILITY USAGE THAT DOES NOT INVOLVE A LOT OF EFFORTS, FOR EXAMPLE, YOU'RE PARTNERING WITH A THIRD PARTY ORGANIZATION OR NONPROFIT, AND THEY'RE BRINGING THEIR STAFF, THEY'RE BRINGING THEIR RESOURCES AND THEY JUST NEED A FACILITY.
WE'LL JUST ASK FOR 44 45 DAY IN ADVANCE NOTICE SO THAT OUR PARKS AND REC STAFF CAN COORDINATE WITH THEM AND FIND THE DATA AND FACILITIES THAT ARE AVAILABLE THAT WORKS FOR YOUR PARTNERS AND FORCE THEM VERY SIMPLE INITIATIVES.
YOU KNOW, 30 DAY NOTICE MIGHT BE SUFFICIENT.
SO IF YOU'RE GOING SOMEWHERE TO SPEAK AT THE HOME MEETING AND YOU'D LIKE STAFF TO JOIN YOU TO DISCUSS A SPECIFIC TOPIC THAT WOULD BE ONE OF THESE OR OR.
FOR EXAMPLE, IF YOU ALREADY HAVE EVERYTHING SET UP AND YOU JUST NEED TO RESERVE A CONFERENCE ROOM FOR YOUR MEETING WITH SEVERAL PRESIDENTS THAT ALSO SHOULD BE 30 DAYS SHOULD BE SUFFICIENT JUST TO ALLOW STAFF TO TIME TO FOR CALENDAR MANAGEMENT.
SO THOSE ARE THE BASIC POLICY AND PROCESS PROVISIONS, AND WITH THAT, I WELCOME ANY COMMENTS AND QUESTIONS.
OUR GOAL IS TO GET YOUR FEEDBACK SO THAT WE CAN BRING THE FINAL POLICY FOR YOUR ADOPTION AT THE NEXT COMMISSION MEETING.
I AM NOT SEEING ANYBODY WISHING TO SPEAK ON THIS ITEM.
TO OUR CITY ATTORNEY FOR ITEM FOUR, LAST BULLET.
PAGE TWO OF 12 DEALING WITH CONTRIBUTIONS TO NONPROFIT ORGANIZATIONS.
THE CITY HAS A LIST OF APPROVED CHARITIES, WE HAVE TO HAVE THAT UNDER BROWARD COUNTY ETHICS, DO WE NEED TO TAILOR THIS TO BE INCLUSIVE, THAT ANYBODY ON THAT LIST HAS TO BE ON THAT LIST FOR US TO DO THIS? AND IF YOU DON'T HAVE THE ANSWER NOW, I HAVE TO GET BACK TO THAT'S OK.
NO, MY RECOMMENDATION WOULD BE IN ORDER TO COMPLY WITH THE BROWARD COUNTY REQUIREMENTS THAT YES, THAT ULTIMATELY THE ANY NONPROFIT THAT IS GOING TO BE THE RECIPIENT OF ANY CITY FUNDS, EITHER THROUGH THAT SEPARATELY DEDICATED FUNDING SOURCE THAT HAPPENS IN THE ANNUAL BUDGET OR THROUGH INITIATIVES THAT ULTIMATELY THOSE ENTITIES GET PLACED ON THE LIST.
AND I BELIEVE THAT WE'VE JUST ACTUALLY FAIRLY RECENTLY DID THAT TO ACCOMMODATE A PROJECT BY ADDING THAT NONPROFIT ENTITY TO THE LIST.
OK, SO IF WE COULD JUST CLARIFY THAT IN OUR POLICY THAT IT HAS TO BE ON THE APPROVED LIST? ALSO, THERE'S ON PAGE THREE THE ANY PROPOSED USE OF INITIATIVE FUNDS.
IF THERE'S ANY THING THAT MIGHT NOT BE DEEMED A VALID PURPOSE WAS TO BE AUTHORIZED BY THE COMMISSION.
I BELIEVE PROCEDURES NEED TO BE PROVIDED TO US FOR THE FUTURE IN CASE WE HAVE ANY.
GOING TO PAGE FIVE, TWO POINT EIGHT.
WE DEAL WITH IN TWO POINT SEVEN THAT YOU'LL BE REIMBURSED IN SEVEN BUSINESS DAYS.
BUT I DON'T SEE WHERE IT'S CLEAR IN TWO POINT EIGHT THAT SAYS WITHIN YOUR 30 DAYS THAT YOU SUBMIT YOUR RECEIPT THAT THE EXPECTATION SHOULD BE NO SOONER THAN SEVEN BUSINESS DAYS TO ALLOW THE CITY STAFF TO DO WHAT IT NEEDS TO DO FOR PROCESSING SO THAT WE HAVE AN X, WE DON'T HAVE AN IMMEDIATE EXPECTATION THAT WE HAND YOU OUR RECEIPTS AND WE EXPECT THE FUNDS BACK IMMEDIATELY.
SO I THINK THAT NEEDS TO BE MODIFIED TO SHOW THE INTENT THAT WAS ORIGINALLY THERE.
I REALLY THANK YOU, MAYOR, FOR BRINGING THAT UP.
I MEANT TO MENTION THAT THAT REIMBURSEMENT PURCHASE OR INVOICE PAYMENT FORM, IT NEEDS TO BE SUBMITTED SEVEN DAYS BEFORE A PAYMENT IS EXPECTED OR A PURCHASE IS EXPECTED, BUT WITHIN 30 DAYS AFTER THE PURCHASE IS MADE THAT YOU ARE SEEKING REIMBURSEMENT FOR RIGHT.
WE HAVE TO ASK WITHIN 30 DAYS OF THE REIMBURSEMENT, BUT WE WON'T GET PAID BEFORE SEVEN BUSINESS DAYS.
BUT IF WE ARE SEEKING MONEY BEFORE WE PAY IT OUT, WE STILL HAVE TO SUBMIT THAT TO CITY SEVEN BUSINESS DAYS BEFOREHAND.
ALSO FOR SECTION THREE, WHERE IT'S SAYING WE DON'T APPLY TO ONE TIME PURCHASES, LUNCH WITH A CONSTITUENT PRESS RELEASE, MAILER SHIRT, PURCHASES, DONATIONS AND THINGS LIKE THAT.
I THINK WE MAY NEED TO DEFINE THAT BETTER BECAUSE IF ANY OF THESE THINGS ARE
[01:10:01]
TAKING SIGNIFICANT AMOUNT OF TIME OUT OF OUR CITY STAFF OR WE HAVE TO USE INITIATIVE FUNDS TO GET A PHOTOGRAPHER TO TAKE CARE OF THESE THINGS, IT'S NOT JUST SOMETHING SIMPLY GIVING YOU A MAILER AND SAYING MAIL OUT OR NOT JUST SAYING A LUNCH WITH A CONSTITUENT.IT'S I'M HAVING LUNCH WITH 20 CONSTITUENTS.
I NEED YOUR HELP WITH DOING THINGS.
WE MAY NEED TO DETAIL THIS BETTER.
AND THEN ALSO, I THINK WITHIN OUR INITIATIVE POLICY, WE SHOULD BE ADDING SOMETHING SIMILAR TO THE EFFECT OF WHAT WAS IN WILL BE DISCUSSED SHORTLY IN OUR SOCIAL MEDIA POLICY OF MAKING SURE ANYTHING THAT IS OUT IN OUR THROAT.
HOWEVER WE DO, THINGS SHOULD HAVE DECORUM, DECENCY, NON DEROGATORY COMMENTS.
AND THEN ALSO, I THINK THAT WE DON'T HAVE IN HERE IS WHAT HAPPENS IF A COMMISSIONER OR MAYOR OR SOMEBODY FROM THE COMMISSION GOES OVER BUDGET.
I DON'T SEE IT BEING CLEAR THAT THE EVENTS DO NOT OCCUR WITHOUT THIS FORM BEING FINALIZED BECAUSE PEOPLE COULD BE PUTTING ON THESE EVENTS AND JUST SAYING, WELL, YOU'RE IN THE PROCESS OF FINISHING IT, I KNOW YOU'LL APPROVE IT.
IT'LL BE DONE PUTTING PRESSURE ON TO STAFF TO MAKE SURE THAT THEY DO OUR EVENT THE WAY WE WANT IT, WHEN WE MIGHT NOT BE DOING IT THE RIGHT WAY.
AND I DON'T SEE ANY PENALTY FOR NONCOMPLIANCE.
SO THERE ARE TWO THINGS IN THE POLICIES.
THE ONE IT SAYS ABOUT FUNDS TO PAY FOR INITIATIVES WILL ONLY BE RELEASED ONCE THOSE FORMS ARE APPROVED.
YOU KNOW, SO THAT MEANS THE VENDORS ONLY GET PAID WHEN THE FORMS ARE APPROVED AND THE PURCHASES ARE MADE WHEN THE FORMS ARE APPROVED.
AND ANOTHER THING IS, YOU KNOW, AND THAT'S WHERE COLLABORATION AND COMMUNICATION COMES IN IS IF YOU KNOW THE WE WE ASKED WHICH YOU SUBMIT A BUDGET AND OBVIOUSLY THROUGHOUT THE CONVERSATIONS WITH STAFF, YOU KNOW, STAFF HELPS IDENTIFY IS ARE GOING TO BE OVERTIME REQUIRED, HOW MUCH OVERTIME WILL BE REQUIRED.
AND AND ONCE THAT'S DONE, IF WE FLAG, BUT THERE IS NOT SUFFICIENT FUNDS IN THE BUDGET IN THE INITIATIVES, BUDGET STAFF IS TASKED TO COME BACK TO YOU AND ASK YOU TO REVISE THE SCOPE OF THE EVENT TO MEET THE BUDGETARY RESTRAINTS.
WELL, I APPRECIATE THAT AND UNDERSTAND THAT.
BUT HERE'S THIS GOING TO PLAY IT OUT IN MY HEAD.
OK, I'M PLANNING AN EVENT FOR THE END OF APRIL.
I HAVE SUBMIT THAT I'M DOING ONE HUNDRED AND TWENTY DAYS BEFOREHAND.
I'M GOING TO BE HAVING A SPONSOR TO HELP WITH SOME OF THE FUNDS.
I HAVE BLOOD MOBILE COMING AND SO I'M WORKING WITH STAFF, BUT I DON'T FINISH MY PROCESS WITH YOU.
I HAVE ADVERTISING ALREADY GOING OUT, FLIERS GOING OUT.
PEOPLE ARE EXPECTING THIS TO HAPPEN.
NOW I HAVEN'T FINISHED MY JOB.
I'M IF I DON'T FINISH MY JOB WITH THE CITY AND DOING THIS TO GET APPROVAL FOR REIMBURSEMENTS.
IF I NEED REIMBURSEMENTS FOR STAFF TIME OR SECURITY DETAIL OR WHATEVER I'VE GOT.
I'M PUTTING PRESSURE ON THE CITY TO MAKE SURE YOU DO APPROVE IT BECAUSE I'VE ALREADY TOLD EVERYTHING, EVERYBODY ABOUT IT.
WHAT'S IN HERE TO STOP US FROM PUTTING THAT PRESSURE ON THE CITY STAFF AND UTILIZING THE RESOURCES IN THE PROCESS OF THE PLAN AS WE GO THROUGH THIS POLICY? NOW I'M VERY MUCH FOR THE POLICY.
PLEASE DON'T GET ME WRONG, BUT I ALSO DON'T WANT TO JUST DO A HALF BAKED POLICY AND I'M NOT SAYING IT'S HALF BAKED.
YOU'VE BEEN TRYING TO GET US TO DO THIS FOR OVER A YEAR.
WE WERE NEVER SUPPOSED TO HAVE EXPENDED ANY DOLLARS UNTIL WE ACTUALLY HAD A POLICY IN PLACE.
HOWEVER, THE CITY WENT THROUGH AND AS CITY STAFF IS EXCELLENT IN DOING TO TRY TO MAKE US LOOK GOOD AND MAKE SURE THAT WE GET THE HELP WE NEED, RAN FORWARD WITH A BUNCH OF OUR PROJECTS WITHOUT KNOWING IF WE WERE GOING OVER BUDGET UNTIL SOME OF THEM AT THE END.
AND THEN WHEN IF WE DID GO OVER BUDGET MADE ACCOMMODATIONS FOR SUCH, IF WE SHOULD HAVE GONE OVER BUDGET.
I JUST WANT TO MAKE SURE THAT AS WE GO FORWARD AND WE'RE DOING THIS BECAUSE I KNOW WE'RE ALL PLANNING PROJECTS.
WE HAVE THIS IN A PROCESS THAT MAKES YOUR LIVES EASIER, AS WELL AS WE'RE TRYING TO MAKE YOUR LIVES EASIER OURS.
CITY MANAGER, SO AS YOU DESCRIBE THAT, MAYOR, WE DID NOT PUT THAT IN THE POLICY IN THE WAY THAT YOU'VE STATED IT, SO IF THAT'S THE WILL OF THE COMMISSION, WE'RE HAPPY TO ADD IT.
COMMISSIONER VILLALOBOS, SO THE QUESTION ON WHAT YOU JUST SAID, MAYOR, WHEN YOU DO GO OVER BUDGET, I MEAN, I'M VERY IN FAVOR OF IF YOU GO OVER BUDGET FOR TWENTY TWENTY ONE, THE FUNDS THAT YOU WENT OVER IN TWENTY TWENTY TWO SHOULD BE REDUCED.
OTHERWISE, WHAT'S THE POINT OF MAKING A BUDGET AND WE'RE NOT STICKING TO IT AND THERE'S NO CONSEQUENCE.
LET ME DO A DEVIL'S ADVOCATE WITH YOU.
WHAT HAPPENS IF YOU WILL NOT BE HERE IN 2020? SO YOU HAVE THAT PROBLEM IN TWENTY TWENTY TWO.
YOU GO OVER BUDGET AND YOU GO, OH, IT'S OK, I'LL GO INTO TWENTY TWENTY THREE, BUT YOU MAY NOT BE HERE IN TWENTY TWENTY THREE, SO THE NEXT PERSON THAT COMES INTO THE COMMISSION IS DOCKED, THE MONEY THAT COULD HAVE BEEN USED OR THE OTHER PERSON DOESN'T.
THE PERSON WHO'S NO LONGER HERE DOESN'T HAVE ANY RESPONSIBILITY FOR THE FACT
[01:15:03]
THAT THEY DID NOT PLAN AND BUDGET ACCORDINGLY.SO THEN IN ESSENCE, EVERYTHING SHOULD BE APPROVED BEFORE YOUR EVENT OR YOU EVEN START DOING MAILERS...
BASICALLY BEFORE THE INITIATIVE FUNDS ARE USED AND THINGS ARE IN PLACE.
WE SHOULD BE HAVING OURSELVES LOCKED AS TIGHT AS POSSIBLE.
I MEAN, WHETHER OR NOT YOU'RE CHANGING AN HOUR HERE OR THERE OR SOMETHING LIKE THAT IS DIFFERENT, BUT ANYTHING THAT WOULD EXPEND A SIGNIFICANT ENOUGH AMOUNT OF FUNDS AND TAKE CITY STAFF TIME, I THINK REALLY DOES NEED THE ACCOUNTABILITY.
I JUST WANTED TO ADD THAT YOU ALL GET ON A MONTHLY BASIS, I BELIEVE THE BALANCE OF WHAT'S IN YOUR INITIATIVE ACCOUNT, SO YOU'RE AWARE OF THE FUNDING THAT YOU HAVE.
AND BUT WHAT WE NEED TO BE KEPT ON TASK FOR IS KNOWING WHAT OUR PROJECTS ARE RUNNING AND HOW MUCH THEY'RE COSTING MONTHLY INSTEAD OF IT BEING OOPS.
I MEAN, EVERY ONCE IN A WHILE YOU HAVE AN OOPS, YOU DIDN'T EXPECT THAT ALL OF A SUDDEN IT WAS GOING TO BE FORTY NINE DEGREES AND YOU'RE HAVING AN EVENT, AND NOW YOU NEED TO GO GET SPACE HEATERS.
THAT'S AN EXPENSE THAT'S, YOU KNOW, AN UNINTENDED CONSEQUENCE IN AN EMERGENCY.
THIS IS SOMETHING DIFFERENT THAT YOU'RE PLANNING.
SO VICE MAYOR HAS HIS HAND RAISED.
WHY IS THIS BEING? COMMISSIONER GELIN, YOU GO AHEAD COMMISSIONER, VICE MAYOR, CAN YOU PLEASE GO AGAIN? YEAH.
CITY MANAGER, WHY IS THIS BEING PROPOSED? BECAUSE THERE ARE NO GUIDELINES THAT CURRENTLY EXIST SURROUNDING THE EXPENDITURE OF INITIATIVE DOLLARS.
WHO NEEDS WHO NEEDS THE GUIDELINES? THE STAFF NEEDS THE GUIDELINES.
WHAT SPECIFIC GUIDELINES DO YOU NEED? WE NEED TO KNOW THE TYPE OF EXPENDITURES THAT ARE BEING MADE, ALL OF THE THINGS THAT ARE OUTLINED HERE IN THE POLICY.
SO WE'VE HAD A COUPLE OF EVENTS THAT DO YOU NOT GET THAT NOW.
WE NEED MORE COMPLETE INFORMATION THAN WHAT WE'VE BEEN RECEIVING SO FAR TO KEEP IT CONSISTENT WITH HOW WE EXPEND OTHER CITY FUNDS.
WHAT OTHER CITIES HAVE SUCH POLICIES LIKE THIS? WE LOOKED AT MYANMAR, WE LOOKED AT NEW YORK CITY, HOW MANY CITIES HAVE POLICIES LIKE THIS? DO YOU HAVE A NUMBER? NO, I DON'T KNOW HOW MANY CITIES ALSO HAVE THE ABILITY TO EXPEND THESE TYPE OF FUNDS.
YEAH, I DON'T AGREE WITH THIS POLICY, I THINK IT'S DESIGNED TO, IT'S REALLY DESIGNED TO SAY NO TO THE COMMISSION, TO ALMOST WHATEVER WE WANT TO DO.
IT'S REALLY DESIGNED TO TIE OR HANDCUFF THE COMMISSION.
YOU KNOW, WE AS A COMMISSION AND AS A BODY, WE DIRECT STAFF AND THE CITY MANAGER'S JOB IS TO EXECUTE ON OUR DIRECTIONS AND TO LIST UP HERE LIKE OVERTIME.
STAFF'S RESPONSIBILITY TO MAKE SURE THAT THERE'S THERE'S NO OVERTIME AND IF THERE'S OVERTIME, THAT IT'S JUST PAID FOR.
SO I DISAGREE WITH THIS POLICY.
IT'S REALLY JUST A HAND TYING POLICY.
AND AS A POLICY THAT LOOKS LIKE IT'S DESIGNED TO TRIP UP A COMMISSIONER TO GET THEM IN TROUBLE AND A POLICY IS NOT NECESSARY.
WE ARE SUPPOSED TO KNOW THE LAW IF AS IT RELATES TO HOW WE SPEND MONEY, WE'VE ALL BEEN BRIEFED BY THAT IN TERMS OF WHEN WE GO TO OUR ETHICS COURSES.
IF WE HAVE QUESTIONS, WE HAVE A CITY ATTORNEY WE CAN RELY ON.
I UNDERSTAND HAVING SOME PROCEDURES IN TERMS OF STEPS YOU TAKE TO INFORM STAFF, BUT THERE'S JUST TOO MANY HAND TYING THINGS HERE THAT IS JUST COMPLETELY NOT NECESSARY.
AND IT'S REALLY DESIGNED TO SAY FOR THE STAFF TO SAY THE COMMISSIONER OH NO.
SORRY, I CAN'T DO THIS BECAUSE THEY MAY.
THEY JUST MAY NOT WANT TO DO SOMETHING.
SO I DON'T THINK WE DON'T NEED THIS POLICY.
AND IF WE ARE GOING TO BE RESPONSIBLE FOR STAFF OVER TIME AND BSO DETAIL THAT WE MAY NEED TO CERTAINLY INCREASE THE AMOUNT OF FUNDS THAT EACH COMMISSIONER GETS, WE MAY WANT TO LOOK INTO WHAT THE CITY AND LAUDERHILL DID, WHERE WE TAKE MONEY OUT OF PARKS AND RECREATION.
I THINK EACH COMMISSIONER HAS $60000 WORTH OF PROJECTS THAT THEY'RE RESPONSIBLE FOR, BUT I REALLY DON'T LIKE THAT BECAUSE WE'RE NOT STAFF.
SO I DON'T THINK THAT THIS POLICY IS TO TRIP US VICE MAYOR, BUT I DO BELIEVE THAT
[01:20:02]
WE HAD CONSENSUS THAT WE DID WANT TO HAVE A POLICY IN PLACE LAST YEAR WHEN THIS WAS VOTED ON AND I WOULDN'T AGREE EITHER WITH THEM SAYING NO TO US, I MEAN, THEY LITERALLY DO WHATEVER WE SAY.THEY JUST WANT COORDINATION, AND THEY WANT STABILITY, THEY WANT, YOU KNOW, A UNIFORMED WAY OF DOING EVENTS, STAYING ON BUDGET, DOING THINGS APPROPRIATELY AND ALSO TO PROTECT US FROM NOT, YOU KNOW, WHEN WE HAD AN INCIDENT WHERE, YOU KNOW, STUFF WILL SHOW UP IN OTHER CITIES AND ISSUES WITH THE COMMUNITY, NOT KNOWING WHAT WE'RE SPENDING MONEY ON AND ISSUES WHERE OUR CONSTITUENTS ARE QUESTIONING US FOR OTHER MEMBERS DOING THINGS THAT THEY'VE DEEMED QUESTIONABLE.
WE DON'T CARE WHERE WOULD ANY OF US, YOU KNOW, DOING THE COMMUNITY, BUT THE COMMUNITY DOES TO CARE WHAT ALL OF US DO IN THE COMMUNITY, AND THEY BLAME US INDIVIDUALLY FOR THEIR ACTIONS.
SO I THINK THIS POLICY WAS JUST CREATED TO HAVE YOU A UNIFORM WAY OF DOING THINGS.
AND ACTUALLY, I THINK IT WOULD BE TO PROTECT US VERSUS MAKING THIS TRIP OVER ANYTHING.
I MEAN, I DON'T I DON'T THINK ANY INITIATIVE THAT WE WANT.
I HAVEN'T BEEN TOLD NO TO ANY INITIATIVE THAT I'VE BEEN WANTING TO DO.
AND I DON'T FORESEE A NO ON ANY FUTURE ONE.
JUST AS LONG AS THERE'S THE TIMELINES AND ALL THE PAPERWORK ARE IN, OUR LIAISON SHOULD BE DOING THAT PAPERWORK.
AND, YOU KNOW, OUR EXECUTIVE ASSISTANCE, THEY HELP THEM OUT WITH THE PAPERWORK.
SO IS, I MEAN, HAS ANYONE HAD A NO WITH THEIR INITIATIVE ON THE COMMISSION? COMMISSIONER PLACKO, COMMISSIONER BOLTON, VICE MAYOR HAS ANYONE SAID NO TO YOU THAT WE COULDN'T DO SOMETHING? JUST ASKING.
THANK YOU, AND I DON'T THERE WAS CONSENSUS FOR THIS POLICY.
ACTUALLY, IT WAS WHEN THIS WAS PUT INTO EFFECT THROUGH THE BUDGET.
IT WAS REQUIRED IN ORDER TO RECEIVE THESE FUNDS.
THAT WAS WHAT THE VOTE WAS, I BELIEVE WHEN THE MONEY CAME IN THAT THE CITY WAS NOT GOING TO BE GIVING THE COMMISSION TWENTY FIVE THOUSAND DOLLARS EACH AND A SLUSH FUND TO DO WHATEVER THEY PLEASE.
THERE WAS GOING TO BE ACCOUNTABILITY AND THEN WE'RE GOING TO BE PROCEDURES AND POLICIES IN PLACE.
AND AT THE SAME TOKEN, WHILE CITY STAFF WORKED FOR US FOR IMPLEMENTING AND ASSISTING, THEY ARE NOT AT OUR WHIM AND THEY HAVE OTHER THINGS TO DO IN THE CITY AND COORDINATION IS IMPORTANT.
SO EXAMPLE, I CAN'T JUST SAY I'M DOING MY MOVE WITH THE MAYOR EVENT ON THIS DATE AND SAY, FORGET THE CITY'S MOVIE NIGHT BECAUSE I'VE DECIDED TO DO MY MOVE WITH THE MAYOR THAT NIGHT.
THERE NEEDS TO BE COORDINATION.
THERE NEEDS TO BE RESPECT, CONSISTENCY AND COMMUNICATION WITH OUR WITH THE STAFF.
WE ARE NOT JUST HERE ON OUR OWN.
WE HAVE TO BE MINDFUL OF OTHERS AND THERE HAS TO BE A DIRECT CORRELATION.
AND THAT'S AS COMMISSIONER VILLALOBOS HAS SAID.
I DON'T THINK THE STAFF HAS EVER TOLD US NO.
THEY MAY HAVE TOLD US WE NEED TO MODIFY IT.
I KNOW WHEN I DID THE PAPER SHREDDING.
AT KINGS POINT FOR THE CITY, I HIRE THE DETAIL.
I WENT THROUGH THE PROCESS, I GOT THEIR INVOICES BECAUSE THAT'S COORDINATION AND THAT'S WHAT WE NEED TO DO TO MAKE SURE WE HAVE THE STAFF AVAILABLE FOR DOING IT.
SO WE'RE NOT PULLING OFF OUR STAFF FROM DOING OTHER THINGS THAT ARE REALLY IMPORTANT.
THEY DON'T TAKE DIRECTION FROM US.
WE GIVE THE INFORMATION TO OUR CITY MANAGER AND THE CITY MANAGER DIRECTS STAFF.
THAT IS THE WAY THE COMMISSION CITY MANAGER FORM OF GOVERNMENT WORKS, AND THIS IS NOT MEANT TO BE PENALIZING US.
I'M SURE WE WOULD NEVER DO ANYTHING INTENTIONAL TO DO ANYTHING WRONG, BUT WE JUST NEED TO BE RESPECTFUL.
SO THIS POLICY HAS BEEN ASKED FOR OVER A YEAR.
THE POLICY HAS BEEN GIVEN TO US AND PROVIDED TO US OVER THE PAST YEAR, AND TODAY WAS JUST TO GO THROUGH CERTAIN ITEMS IN IT.
WE IT IS IN EFFECT AND WE ARE TO UTILIZE IT, AND THE ONLY THING THAT NEEDS TO BE MODIFIED WILL COME BACK TO US IN THE FUTURE.
DID YOU HAVE ANYTHING FURTHER? NO, THIS THIS POLICY WAS INTENDED TO MAKE SURE THAT THE PUBLIC FUNDS ARE USED IN ACCORDANCE WITH EXPECTATIONS THAT ARE CREATED.
SO WE FOUND THAT IN DOING THESE INITIATIVES WITHOUT THE POLICIES, IT WAS DIFFICULT.
AND SO WE NEED THESE RULES OF THE ROAD AS YOU ALL DIRECTED.
WHAT WAS DIFFICULT? CITY MANAGER, IF YOU NEED TO GIVE SPECIFICS.
DO SO, IF NOT THIS CONVERSATION, IF THEY NEED TO BE OFFLINE, THEN THEY
[01:25:03]
COULD BE OFFLINE.SO HAS HAS ANY ELECTED OFFICIAL USED PUBLIC FUNDS FOR PRIVATE PURPOSE? I THINK WE ALL KNOW THAT PUBLIC FUNDS MUST BE USED FOR PUBLIC PURPOSE AND EVERYONE HAS DONE THAT.
BUT HAS EVERYONE DONE IT IN A MANNER IN WHICH THAT HAS BEEN CONVENIENT AND HAS BEEN MINDFUL OF THE CITY STAFF AROUND IT? THAT'S PART OF THE PROBLEM.
THERE ARE CERTAIN THINGS THAT ARE JUST PUT ON AND NOT TAKING INTO CONSIDERATION TIME FRAMES AND THAT MAYBE THE CITY STAFF THAT'S BEING PULLED FROM THE JOB THAT THEY'RE DOING IS NOT AVAILABLE.
AND NOW WE HAVE TO HAVE EVEN MORE OVERTIME OR THE POSSIBILITY IS THAT THERE'S CERTAIN BUDGET PAPER LIKE PAPER AND OTHER ITEMS ARE BEING USED FROM THE OFFICE THAT ARE NOT BUDGETED FOR.
AND THEREFORE WE LEAVE CERTAIN AREAS WITHOUT THE PRODUCTS THAT THEY NEED BECAUSE WE ALL OF A SUDDEN JUST COMMANDEER THEM FOR WHAT WE'RE TRYING TO DO.
THAT'S WHY THIS PROCESS IS IN PLACE TO MAKE SURE THAT WE HAVE EVERYTHING WE NEED FOR A NICE, ORGANIZED EVENTS AND INITIATIVES TO GO THROUGH, AND THE CITY STAFF IS ABLE TO DO IT IN A TIMELY MANNER TO HELP US OUT.
AND SO OUR CONSTITUENTS ARE ALSO HAPPY KNOWING THAT WE'VE DONE EVERYTHING PROPERLY.
SO YOU MAYOR GOMEZ YOU MENTIONED SLUSH FUND.
HOW DO YOU DEFINE SLUSH FUND THIS IF WE HAVE NO RULES AND PROCEDURES AND POLICIES IN PLACE? WELL, I DON'T KNOW WHAT THIS IS.
HOW DO YOU DEFINE A SLUSH FUND? WHAT'S A SLUSH FUND? EVERYBODY HAVING TWENTY FIVE THOUSAND DOLLARS WITH LIMITED OVERSIGHT AND ACCOUNTABILITY FOR WHAT WE'RE DOING AND MAKING OTHERS HAVE TO DO WORK FOR IT WITHOUT HAVING A PROPER POLICY IN PLACE.
SHOULD YOUR BUSINESS GO TO FIND FINDINGS? I'M FINISHING MY ANSWER.
SO ARE YOU GOING TO LET ME FINISH? EVERYTHING THAT THE CITY DOES HAS PROCEDURES AND POLICIES IN PLACE, ESPECIALLY WITH THE EXPENDITURE OF MONEY, AND THEREFORE ALSO WITH EVENTS WHEN EVENTS ARE DONE.
THERE ARE POLICIES AND PROCEDURES IN PLACE AND WE ARE NOT ABOVE FOLLOWING POLICIES AND PROCEDURES IN ORDER TO MAKE SURE THAT THE EVENTS THAT ARE GOING TO BE DONE THROUGH THIS INITIATIVE ACCOUNT ARE DONE PROPERLY AND DONE FINANCIALLY ON A BUDGET.
SO HOW DO YOU DEFINE A SLUSH FUND? ASKED AND ANSWERED VICE MAYOR.
PLEASE PROCEED, PLEASE UNMUTE.
WHAT IS THE SLUSH FUND USED FOR? I'VE ALREADY ANSWERED YOUR QUESTION, I AM NOT ON TRIAL HERE.
YOU CAN GIVE YOUR OPINION AS YOU WISH.
I'VE GIVEN MINE THAT I THINK THAT THE TWENTY FIVE THOUSAND DOLLARS IS WITHOUT POLICIES AND PROCEDURES IN PLACE.
AND HAVING OVERSIGHT AND ACCOUNTABILITY THAT IS QUANTIFIABLE AND VIEWABLE CAN LEAD IT TO BE AS A SLUSH FUND AND OUR RESIDENTS ARE UNHAPPY.
CITY MANAGER HAS WHAT IS THE POLICY, WHAT IS THE PROCEDURE THAT THE COMMISSION MUST USE BEFORE BEING PAID OUT CURRENTLY? DOES EVERYTHING GO THROUGH FINANCE? RE, WE'VE RECENTLY CHANGED WITH THE INTRODUCTION OF THE FORM THAT LAURA SHOWED IN HER PRESENTATION THAT REIMBURSEMENTS WERE THE ONLY THINGS THAT WERE GOING THROUGH FINANCE IN THE PAST, BUT NOW WE'RE PUTTING EVERYTHING THROUGH FINANCE BECAUSE PRO CARDS ARE BEING USED AND THINGS OTHER THAN REIMBURSEMENTS.
SO WE WANTED TO MAKE SURE THAT THERE'S CONSISTENCY ACROSS THE BOARD.
BUT ALL ALL ITEMS THAT ARE SUBMITTED BY VARIOUS COMMISSION MEMBERS COME WITH BACKUP INFORMATION AND RECEIPTS.
SO THERE IS TRANSPARENCY OR IS THERE NOT? THERE IS TRANSPARENCY AND WE NEED GREATER DETAIL.
IS THERE ACCOUNTABILITY? BECAUSE WHEN YOU WHEN SOMEONE SUBMITS DOCUMENTATION RECEIPTS, EMAILS, MEMO, THEN EVERY DOLLAR IS ACCOUNTED FOR THROUGH THE OF THE TWENTY FIVE THOUSAND DOLLARS.
IS THAT CORRECT? OR IS THE CITY PAYING OUT WITHOUT SEEING RECEIPTS OR MEMOS OR EMAILS? CHRISTINE, WOULD YOU HELP TO ANSWER THIS QUESTION? WE DO NOT PAY OUT WITH SEEING THINGS GENERALLY, BUT I'D LIKE CHRISTINE TO TO CHIME IN BECAUSE I'M NOT IN THE FINANCE OFFICE DOING THIS MYSELF EVERY SINGLE DAY.
SO CHRISTINE, WOULD YOU PLEASE PROVIDE GREATER DETAIL? I APOLOGIZE.
VICE MAYOR, I DON'T UNDERSTAND THE QUESTION.
WOULD YOU MIND REPEATING THE QUESTION? YES.
SO DO YOU AUTHORIZE PAYMENT FOR ANY ITEM SUBMITTED BY THE COMMISSION WITHOUT SEEING A RECEIPT OR SOME SORT OF DOCUMENTATION THAT DEMONSTRATES THAT IT IS A VALID PURCHASE FOR A PUBLIC USE OR TO INFORM THE PUBLIC OR TO MAKE IT SIMPLER? HAVE YOU APPROVED THE PURCHASE THAT HAS BEEN USED FOR PRIVATE FOR THE PRIVATE USE OF A COMMISSIONER?
[01:30:01]
NOT THAT WE'RE AWARE OF THE THE ISSUE WITH THIS POLICY IS THAT SOMETIMES THERE IS SUPPORT.HOWEVER, WHEN IT COMES THROUGH ON THE REIMBURSEMENT REQUEST, THEN WE HAVE THE COMPTROLLER OR THE FINANCE DIRECTOR REVIEW TO MAKE SURE THAT THE ITEMS PASS THE PUBLIC PURPOSE TEST AND THAT IT'S BEING USED FOR A PUBLIC PURPOSE.
THERE ARE OTHER TIMES WHEN A PRO CARD IS USED OR WHEN THERE IS A CHECK REQUEST THAT'S JUST APPROVE AND GO STRAIGHT TO ACCOUNTS PAYABLE THAT IS NOT GIVEN THAT SAME AMOUNT OF REVIEW.
SO THE PROCEDURE HAS BEEN CHANGED TO ENSURE THAT THAT REVIEW TAKES PLACE BEFORE THE FUNDS GO THROUGH THE DOOR, WHETHER IT'S VIA REIMBURSEMENT, WHETHER IT'S VIA A PRO CARD OR IF IT'S VIA REQUISITION OR A DIRECT CHECK REQUEST.
THE POLICY, ALSO WHAT IT DOES IS IT GIVES STAFF BY ASKING FOR AN INTERPRETATION OF WHAT THE POLICY DOES.
I WANT TO KNOW WHETHER OR NOT THE CITY IS IN THE BUSINESS OF PAYING OUT FUNDS ON BEHALF OF COMMISSIONERS FOR ITEMS THAT ARE NOT RELATED TO PUBLIC PURPOSE.
OK, WELL, I GUESS I ANSWERED THAT.
SO MAYOR GOMEZ, THERE IS ACCOUNTABILITY AND TRANSPARENCY, AND THERE ARE NOT COMMISSIONERS SUBMITTING FUNDING REQUESTS FOR PRIVATE MATTERS.
AND SPEAKING OF ACCOUNTABILITY.
I WISH YOU DID HOLD THE CITY MANAGER ACCOUNTABLE WHEN TIME AND TIME AGAIN.
ARE YOU ABLE TO JUST STAY ON TRACK? VICE MAYOR, DO ALLOW OR APPROVE GETTING AN ANNUAL REVIEW DONE, WHICH WAS REQUIRED AND MANDATED BY YOUR OPINION VICE MAYOR ON THAT MATTER NOW.
ALSO, ACCOUNTABILITY FOR MONEY IS NOT JUST ABOUT WHETHER A DOLLAR HAS BEEN REVIEWED BY CITY STAFF AND BY THE FINANCE MANAGER.
EVERY COMMISSIONER VICE MAYOR.
I'M PRESUMING THAT YOU FEEL YOUR TIME IS MONEY.
AS SUCH, YOU LIKE TO BE PAID FOR YOUR TIME AS MONEY WHEN YOU GO TO DO YOUR BUSINESS OUTSIDE HERE.
EACH OF US HAS TIME AS MONEY, EVERYBODY SITTING HERE.
SO WHEN WE'RE ASKING OUR ADMINISTRATIVE ASSISTANT TO RUN OFF A THOUSAND COPIES OF A FLIER FOR AN EVENT IN AN HOUR, WE'RE TAKING HER AWAY FROM THE PROPOSED WORK THAT SHE ALREADY HAD PLANNED FOR THE DAY, FOR MAYBE SOMEBODY ELSE.
IF WE'RE TAKING OUR PUBLIC SERVICES PEOPLE AWAY FROM THEIR INTENDED JOB FOR THE DAY BECAUSE NOW THEY HAVE TO HAVE A MEETING WITH ONE OF US BECAUSE WE'RE GOING TO DO A WALK OR WE'RE GOING TO DO A BIKE OR WE'RE GOING TO DO A ZUMBA CLASS, THAT TIME IS MONEY.
AND IT SHOULD NOT BE EXPECTED THAT THE ADDITIONAL WORKLOAD THAT WE'RE PUTTING ON HERE SHOULD BE ACCOUNTABLE IN THEIR DOLLARS AND CENTS THAT THEY GET PAID, AS IS IF WE'RE MAKING THEM DO IT OVER TIME AND NOT PLANNED FOR ACCORDINGLY.
SO ACCOUNTABILITY IS NOT JUST WHO WRITES THE CHECK AND WHO SEEING THE MONEY OUT.
TIME OF OUR EMPLOYEES IS JUST AS VALUABLE TO OUR CITY.
AND WHEN WE'RE PULLING AWAY OUR EMPLOYEES FROM DOING THE JOB THAT THEY NEED TO DO SAVES PUBLIC SERVICE, THEN THEY NEED TO GET OUT TO A WATER LEAK BECAUSE THEY'RE WORRYING ABOUT SOMETHING FROM ONE OF OUR INITIATIVES THAT ALSO DOESN'T HELP US, OR IF WE'RE DEALING WITH SOMEBODY WANTING TO COME IN AND COMPLAIN OR TALK WITH US AS ONE OF THE PEOPLE IN THE COMMISSION.
SO THOSE ARE THE ACCOUNTABILITY ITEMS THAT THIS POLICY WILL HELP OUR CITY STAFF BE ABLE TO MAKE SURE EVERYBODY'S TIME IS ACCOUNTED FOR AND DONE PROPERLY.
SO I SEE THAT WE'VE BEATEN THIS TOPIC AS MUCH AS WE CAN AND YOU HAVE THE INFORMATION THAT YOU NEED FOR GOING FORWARD.
AND WE AS A COMMISSION MUST BE UTILIZING THIS POLICY IN ORDER FOR US TO HAVE OUR PROJECTS GO FORWARD.
ONE MORE REQUEST THERE INTENDED CONSEQUENCES WHEN WE DON'T FOLLOW THESE POLICIES TO THE COMMISSIONER TO COMMISSION CITY ATTORNEY.
OR IS IT JUST WE DON'T WANT TO FOLLOW THEM AND WHO CARES? IF, YOU KNOW THE THE POLICIES ARE THERE AS STAFF INDICATED TO PROTECT ALL OF YOU AS WELL AS THE CITY? AND AND THERE ARE POTENTIAL CONSEQUENCES.
ULTIMATELY, AS WAS PREVIOUSLY DISCUSSED, IT WOULD BE UP TO THE COMMISSION TO DECIDE WHAT POTENTIAL.
I'LL USE THE WORD LIGHTLY PENALTIES TO APPLY TO YOUR PEERS AND THE EVENT THAT THE POLICY ISN'T COMPLIED WITH.
ONE OF THEM, WHICH HAS ALREADY BEEN IDENTIFIED BY YOU, COMMISSIONER VILLALOBOS, WHICH IS POTENTIAL REDUCTION IN FUNDING THE END OF THE DAY.
THE CONCEPT HERE, AS I UNDERSTAND IT, IS TO MAKE SURE THAT THE EXPENDITURES PROPERLY DOCUMENTED AND THAT THEY STAY WITHIN BUDGET.
IF THE POLICIES AND PROCEDURES THAT ULTIMATELY THIS COMMISSION APPROVES
[01:35:05]
THROUGH THIS PROCESS, EVERYONE FOLLOWS THERE.AND THE REASON WHY I ASK THAT QUESTION IS, ARE MY CONSTITUENTS? CAN I HOLD ANYONE ELSE BUT ME AND THE MAYOR ACCOUNTABLE? ANYONE ELSE IN THE COMMISSION CAN DO WHATEVER THEY WANT.
AND MY CONSTITUENTS CANNOT DO ANYTHING ABOUT IT, SO THEY COME TO US FOR HELP.
THEY'RE THEY'RE COMPLAINING TO US, TO ME, TO MY DISTRICT.
SO THE ONLY THING THAT I CAN DO IS HOLD THE COMMISSION AND THE MAYOR ACCOUNTABLE FOR THEIR ACTIONS, AND LIKEWISE, WE ALL SHOULD.
ALL FIVE OF US SHOULD BE HOLDING OURSELVES ACCOUNTABLE AND THERE SHOULD BE SOME TYPE OF PENALTY.
OR HOWEVER, YOU WANT TO WORD THAT BECAUSE OUR CONSTITUENTS IN OUR DISTRICTS EXPECT US THAT WHEN ANOTHER MEMBER IS OUT OF LINE FOR US TO BE DOING SOMETHING ABOUT IT, THE CITY CANNOT DO ANYTHING ABOUT IT.
STAFF CAN'T DO ANYTHING ABOUT IT.
THE MANAGER CAN'T DO ANYTHING ABOUT IT.
THE ATTORNEY CANNOT DO ANYTHING ABOUT IT.
IT'S US THAT CAN DO SOMETHING ABOUT IT.
SO I WOULD LIKE TO SEE SOMETHING WHERE WE IT'S IN THERE AS WELL, AND IT ALSO GOES FOR THE SOCIAL MEDIA POLICY AND THE SUNSHINE LAW POLICY.
AND I THINK AT THIS TIME, IT'S CLEAR THAT WE CAN'T GO FORWARD WITH ANY PROCEDURES UNTIL WE FINISH OUR THING, SO ONE OF THE BIGGEST I'M THINKING ON A MAIN EVENT, IF I DON'T GET MY PAPER AND PROCEDURES AND THING ALL SET UP, MY WALK DOES NOT OCCUR BECAUSE THE FACILITY IS NOT UTILIZED, WON'T BE UTILIZED.
AND THAT IS A BIG PENALTY FOR US, NOT COMPLYING.
I THINK THAT IS ONE OF THE THINGS THAT OCCURS IF WE DON'T FINISH WHAT WE NEED TO DO.
WE'RE TRYING TO DO AND, YOU KNOW, LATER DOWN THE LINE, IF IF NEED BE CITY, IF WE CAN'T FOLLOW RULES AND PROCEDURES AND DO THINGS ACCORDINGLY, THEN GUESS WHAT? MAYBE THIS BUDGET SHOULD JUST NOT BE IN NEXT YEAR'S BUDGET, OR MAYBE IT SHOULD BE SEVERELY REDUCED ANYWAY.
ON THAT NOTE, WE'RE GOING TO MOVE ON TO THE NEXT ITEM, WHICH IS ITEM NUMBER FOUR, SOCIAL MEDIA POLICY.
THE FLOOR IS YOURS, AND ACTUALLY WE HAVE EUNICIA BAKER, OUR SENIOR STRATEGIC COMMUNICATIONS OFFICER.
I WAS GOING TO ASK IF WE COULD TAKE A FIVE MINUTE BREAK.
LET'S BE REALISTIC, WE DON'T DO STUFF IN FIVE MINUTES, SO LET'S BE BACK HERE AT 10 TO 12.
CITY CLERK, IF YOU WOULD PLEASE CALL THE ROLL.
WE'RE BACK ON, IT IS NOW ELEVEN FIFTY ONE.
OK, WELL, THAT PART OF THE TECHNICAL MATTER HAS BEEN RESOLVED OR BEING RESOLVED WILL GO TO ROLL CALL.
IT IS NOW ELEVEN POINT FIFTY TWO AND WE ARE RESUMING OUR MONDAY, JANUARY TWENTY FOURTH WORKSHOP.
CITY CLERK, PLEASE CALL THE ROLL.
I'M HERE, THANK YOU, VICE MAYOR GELIN.
COMMISSIONER VILLALOBOS HERE AND MAYOR GOMEZ, GOOD, GOOD MORNING, STILL, THANK YOU.
[4. Social Media Policy]
AND NOW WE WILL GO TO ITEM NUMBER FOUR ON OUR AGENDA.AND THAT IS, THE CITY ATTORNEY WILL BE PRESENTING THE SOCIAL MEDIA POLICY ALONG WITH EUNICIA BAKER, OUR SENIOR STRATEGIC COMMUNICATIONS OFFICER.
MEMBERS OF THE COMMISSION, BY WAY OF BACKGROUND AT YOUR REQUEST, WE HAVE PUT TOGETHER A PROPOSED SOCIAL MEDIA POLICY THAT THAT, AS DRAFTED, APPLIES ACROSS THE BOARD.
WHAT WE DID IS WE TOOK THREE EXISTING POLICIES THAT DEALT WITH DIFFERENT BUT RELATED AREAS HAVE CONSOLIDATED THEM AND THEN ALSO AT THE REQUEST OF THE COMMISSION, ADDED IN SOME PROVISIONS AS IT RELATES TO COMMISSIONERS POSTING ON SOCIAL MEDIA PLATFORMS IN PUTTING TOGETHER THE DRAFT POLICY.
AS I SAID, WE DID LOOK AT THE EXISTING POLICIES AND PROCEDURES THAT WERE IN PLACE THAT WERE PREVIOUSLY APPROVED BY BY THE CITY.
WE ALSO LOOKED AT THE FLORIDA ATTORNEY GENERAL'S SUNSHINE MANUAL WITH REGARD TO SECTIONS ON RECORDS RETENTION.
WHAT QUALIFIES AS A PUBLIC RECORD.
PENALTIES FOR NONCOMPLIANCE WITH THE PUBLIC RECORDS LAW THAT ARE SET FORTH IN THE
[01:40:02]
DRAFT POLICY? WE ALSO LOOKED AT FLORIDA LEAGUE OF CITIES INFORMATION, INCLUDING, BUT NOT LIMITED TO, THEIR CITY AND COUNTY ATTORNEY LEGAL GUIDE TO SOCIAL MEDIA, WHICH IS THEIR DOCUMENT THAT PROVIDES THE BEST PRACTICES WHICH WE'VE ADOPTED AND INCORPORATED INTO THIS DOCUMENT.AND LET ME ALSO SAY THAT TO THE EXTENT THAT ANY OF YOU ALL WANT, WE CAN PROVIDE YOU WITH LINKS TO ALL OF THESE DOCUMENTS, IF THAT IS YOUR DESIRE TO TAKE A LOOK AT THEM YOURSELVES.
WE ALSO LOOKED AT THE FLORIDA LEAGUE LEAGUE OF CITIES SOCIAL MEDIA POLICY TEMPLATE, WHICH IS OBVIOUSLY TO SOME DEGREE, THE BASIS OF WHAT WE HAVE BEFORE YOU.
IT SERVED AS A GUIDANCE FOR OUR USE OF OFFICIAL CITY SOCIAL MEDIA PLATFORM SECTION OF THE POLICY, AS WELL AS WHAT CONSTITUTES INAPPROPRIATE CONTACT UNDER THE CONTENT UNDER THE TERMS OF USE SECTION OF THE POLICY.
WE ALSO LOOKED AT THE FLORIDA FLORIDA ATTORNEY GENERAL'S PUBLIC RECORDS SOCIAL NETWORKING GUIDANCE DOCUMENT AGAIN FOR SIMILAR PROVISIONS OF THIS DRAFT POLICY.
WE ALSO LOOKED AT SEVERAL CITIES THAT WERE SUGGESTED AS REFLECTIVE OF BEST PRACTICES AND CURRENT UP TO DATE.
THOSE INCLUDED THE CITY OF TALLAHASSEE, THE CITY OF WINTER PARK.
WE ALSO DID LOOK AT SOME OF OUR LOCAL ONES, INCLUDING, BUT NOT LIMITED TO, THE CITY OF CORAL SPRINGS.
AND AS I SAID AGAIN, OUR PRIOR INFORMATION THAT WE HAD IN PLACE.
WITH THAT SAID, IF YOU GO TO THE ACTUAL POLICY, WE SPENT A SIGNIFICANT AMOUNT OF TIME AT THE STAFF LEVEL WITH THE ADMINISTRATION, MY OFFICE AND PUTTING TOGETHER THIS DOCUMENT IN ORDER OF WHICH IT'S ON THE AGENDA AT PAGE FIFTY FIVE.
IT HAS DEFINITIONS OF WHAT CONSTITUTES AN AUTHORIZED USER CITY OFFICIAL.
IT'S VERY BROAD DEFINITION THAT BASICALLY ANY OBVIOUSLY MEMBERS OF THE COMMISSION, MEMBERS OF STAFF, AS WELL AS ANY MEMBERS OF ANY CITY BOARDS OR ADVISORY BODIES THAT POTENTIALLY WOULD HAVE ACCESS TO ANY OF OUR SOCIAL MEDIA PLATFORMS. THE COMMUNITY MEMBERS CONTENT WHAT CONSTITUTES A POSTING, WHAT IS READY TO POST FORMAT, SOCIAL MEDIA DEFINITION AND SOCIAL MEDIA ACCOUNT? BASICALLY, THE RULE OF THUMB HERE IS THAT WHENEVER ANYONE POSTS TO ANY SOCIAL MEDIA PLATFORM, WHETHER THAT BE A CITY SOCIAL MEDIA PLATFORM OR A PRIVATE SOCIAL MEDIA PLATFORM MAINTAINED BY ANY ELECTED OFFICIAL OR ANY APPOINTED OFFICIAL WHERE THERE IS ANY DISCUSSION REGARDING CITY BUSINESS IN A VERY BROAD DEFINITION BASED UPON COMMUNICATIONS WE HAD DIRECTLY WITH THE FLORIDA ATTORNEY GENERAL'S OFFICE.
THOSE ARE DEEMED TO BE PUBLIC RECORDS AND NEED TO ONE BE MAINTAINED AND TO CONFORM TO THIS POLICY, ASSUMING THAT IT IS IN FACT YOU ALL DIRECT US TO FINALIZE AND IMPLEMENT IT.
THE THERE'S OBVIOUSLY A PROCESS BY WHICH THE CITY ADMINISTRATION WOULD ESTABLISH OUR SOCIAL MEDIA ACCOUNTS.
IT'S LAID OUT AND IN AND AT PAGE 57, PARAGRAPH TWO OF THE SOCIAL MEDIA POLICY.
THERE'S ALSO A PROVISION THERE ABOUT GUIDELINES AS TO HOW CITY STAFF WOULD USE THOSE SOCIAL MEDIA PLATFORMS, AS WELL AS THE CITY COMMISSIONERS AND ANY OTHER MEMBERS THAT ARE ALLOWED ACCESS TO THE SOCIAL MEDIA PLATFORMS. THERE'S OBVIOUSLY TERMS OF USE, WHICH AGAIN BASICALLY ARE NO DEROGATORY COMMENTS, NO USE OF THE SOCIAL MEDIA PLATFORMS FOR POLITICAL PURPOSES, FOR OR FOR THAT MATTER, FOR PRIVATE PURPOSES.
SO THERE'S A LIST OF ITEMS THAT IF THE POST FALLS WITHIN THOSE BROAD DEFINITIONS FOR LACK OF USE, ANY CITY ADMINISTRATOR OF THAT SOCIAL MEDIA PLATFORM DOES HAVE THE AUTHORITY TO REMOVE THOSE.
THERE IS A PROCESS LAID OUT IN THE SOCIAL MEDIA POLICY FOR DOING SO.
THEY DO HAVE TO BE MAINTAINED, SO THEY WILL BE.
IT WILL BE NOTATED THAT THE THAT THE POST HAS BEEN REMOVED, BUT BECAUSE IT HAS BEEN POSTED TO A CITY PLATFORM, IT HAS TO BE MAINTAINED AS A PUBLIC RECORD IN THE EVENT SOMEONE WERE TO INQUIRE ABOUT IT.
THERE'S ALSO SOME PROVISIONS THAT TALK ABOUT FIRST AMENDMENT, RIGHT? ONCE THOSE ITEMS ARE POSTED, NEITHER THE CITY NOR ELECTED OFFICIALS CAN CENSOR THOSE COMMENTS IF THERE'S ANY ADVERSE COMMENTS.
CAN'T BLOCK THINGS OR SOME CASE LAW OUT THERE, THAT'S FAIRLY RECENT.
[01:45:02]
I KNOW THAT MY PREDECESSOR HAD DISTRIBUTED A MEMO TO YOU ALL OUTLINING THOSE REGULATIONS.THEY'RE NOW CODIFIED PUT FORTH IN THIS POLICY AS PART AND PARCEL OF OF WHAT WILL GOVERN FUTURE CONDUCT MOVING FORWARD WITH REGARD TO SOCIAL MEDIA.
ONE OF THE THINGS THAT I THINK IS EXTREMELY IMPORTANT FOR EVERYONE TO UNDERSTAND IS THAT SOCIAL MEDIA PLATFORMS CANNOT BE USED AS A WAY TO CIRCUMVENT THE PUBLIC RECORDS LAW OR THE SUNSHINE LAW.
WE, THEY HAVE TO BE MAINTAINED IF THERE'S PUBLIC, IF THERE'S POSTINGS TO ANY OF THESE PLATFORMS OF ANYTHING THAT WOULD BROADEN THE DEFINITION OF PUBLIC RECORDS, A VERY BROAD AND WE'VE, YOU KNOW, HAVE HAVE REFERENCED IT HERE IN THIS POLICY.
YOU CAN'T USE OR SOCIAL MEDIA PLATFORMS SHOULDN'T BE USED EITHER PURPOSELY OR INADVERTENTLY TO CIRCUMVENT THE SUNSHINE LAW.
AND FOR TWO OR MORE ELECTED OFFICIALS TO HAVE A COMMUNICATIONS BACK AND FORTH WITH EACH OTHER ON A SOCIAL MEDIA PLATFORM ABOUT ANY ITEM THAT IS ANTICIPATED TO COME BEFORE YOU ARE LIKELY TO COME BEFORE YOU IN THE FUTURE.
THERE IS A VERY NARROW PROVISION THAT HAS BEEN RECOGNIZED BY THE ATTORNEY GENERAL THAT ESSENTIALLY A ONE WAY COMMUNICATION ABOUT JUST GENERAL INFORMATION POTENTIALLY ISN'T NECESSARILY A SUNSHINE VIOLATION.
HOWEVER, IN THIS POLICY, AS REFLECTED IN OUR RESEARCH AND AS REFLECTED IN THIS DOCUMENT, WE STRONGLY DISCOURAGE THAT.
YOU ALL HAVE, I'M SURE, SEEN FROM ME FROM TIME TO TIME.
THE PLEASE DO NOT HIT REPLY ALL BUTTON IN ORDER TO AVOID THOSE TYPES OF SITUATIONS, WHETHER THEIR EMAIL OR SOME OTHER PLATFORM.
BUT THOSE RULES APPLY ACROSS THE BOARD ON THESE SOCIAL MEDIA PLATFORMS. ON PARAGRAPH FOUR, ON PAGE FIVE OF THE SOCIAL POLICY, YOU HAVE SET FORTH THE RULES REGARDING THE FIRST AMENDMENT THAT HAVE BEEN ESTABLISHED BY PRIMARILY THE FEDERAL COURTS IN THIS PARTICULAR CONTEXT.
AGAIN, TO USE A PHRASE OF THE BY THE CITY MANAGER WHEN DISCUSSING THE PRIOR POLICY.
THESE ARE THE RULES OF THE ROAD THAT THAT WE NEED TO FOLLOW IN ORDER TO, AS A WHOLE, STAY OUT OF TROUBLE AND BE CONSISTENT WITH BOTH FEDERAL AND STATE LAW AS IT RELATES TO SOCIAL MEDIA PLATFORMS. THERE IS A REQUIREMENT, AS I SAID BEFORE, THAT THESE RECORDS BE RETAINED, THAT'S IN PARAGRAPH FIVE.
THERE'S ALSO A SIMILAR PROVISION IN THE POLICY FOR PERSONAL SOCIAL MEDIA USE.
IT'S TO THE EXTENT THAT THERE'S A RECORDS RETENTION REQUIREMENT.
OBVIOUSLY, FROM THE STANDPOINT OF IT BEING A CITY SOCIAL MEDIA PLATFORM, THEN WE OBVIOUSLY HAVE CONTROL AND WE WOULD KEEP THOSE RECORDS IF IT'S A PRIVATE SOCIAL MEDIA PLATFORM BASED UPON THE GUIDANCE PROVIDED TO US BY THE ATTORNEY GENERAL AND THE CASE LAW.
THE RESPONSIBILITY TO MAINTAIN THOSE RECORDS IS ON EACH INDIVIDUAL, WHETHER THAT BE AN ELECTED OFFICIAL AND APPOINTED OFFICIAL OR EVEN MEMBER OF STAFF.
SO PLEASE KEEP THAT IN MIND IF IT IS AGAIN REFERRING BACK TO THE VERY BROAD DEFINITION OF WHAT CONSTITUTES A PUBLIC RECORD.
THE ONUS, THE RESPONSIBILITY, ACCORDING TO THE ATTORNEY GENERAL AND THE CASE LAW, IS THAT EACH INDIVIDUAL HAS AN AFFIRMATIVE OBLIGATION TO MAINTAIN THOSE RECORDS AND THE CASE THAT THERE IS A PUBLIC RECORDS REQUEST AT SOME LATER POINT.
IF THERE'S ANY QUESTION, PLEASE CONSULT WITH ME OR WITH THE CITY CLERK AS FAR AS WHAT THE RECORDS RETENTION SCHEDULE FOR THOSE DOCUMENTS MIGHT BE.
THERE IS, YOU KNOW, YOU DON'T HAVE TO KEEP THEM INDEFINITELY.
EVENTUALLY, YOU CAN PURGE YOUR SYSTEM.
FRANKLY, YOU KNOW, MY MY ADVICE HAS BEEN AND CONSISTENTLY WILL BE TO ANY MEMBER OF THIS BODY OR MEMBERS OF STAFF OR ANY MUNICIPALITY THAT I REPRESENT THAT WHEN IN DOUBT, MAINTAIN IT, KEEP IT THAT WAY.
YOU DON'T NECESSARILY GET INTO TROUBLE ON THE BACK END AT SOME FUTURE DATE.
SO THERE'S AGAIN, AT THE BOTTOM OF PAGE SIX THROUGH PAGE EIGHT, THERE IS THE LANGUAGE REGARDING HOW YOU ALL SHOULD MAINTAIN YOUR PRIVATE SOCIAL PLATFORMS TO THE EXTENT THAT YOU POST AGAIN.
[01:50:01]
PUBLIC INFORMATION, PUBLIC RECORDS ON THOSE PLATFORMS AT THE BOTTOM OF THE OF THAT PAGE IS THE PENALTIES FOR NONCOMPLIANCE WITH PUBLIC RECORDS LAW.OBVIOUSLY, THOSE ARE CRIMINAL VIOLATIONS THAT MAY BE REFERRED TO THE STATE ATTORNEY'S OFFICE FOR POTENTIAL PROSECUTION.
THERE'S ALSO PROVISION FOR WHERE THE FINES CAN BE ASSESSED, BUT ULTIMATELY I DO KNOW OF.
ON MORE THAN ONE OCCASION, SO I WON'T CALL IT ON THE RARE OCCASION, BUT I AM AWARE OF NUMEROUS OCCASIONS THROUGHOUT THE STATE WHERE THE STATE ATTORNEY HAS INITIATED CRIMINAL PROSECUTION AGAINST ELECTED OFFICIALS AND APPOINTED OFFICIALS AND STAFF MEMBERS FOR KNOWINGLY NONCOMPLIANCE TO THE PUBLIC RECORDS LAW.
AGAIN, WHENEVER IN DOUBT, PLEASE.
REACH OUT TO ME, ASK ME THE QUESTION.
THE IDEA HERE WITH THIS POLICY IS TO BE PROACTIVE AND PROPHYLACTIC IN NATURE SO WE CAN GET AHEAD OF A PROBLEM BY ANY POTENTIAL PROBLEM BY FOLLOWING THE RULES THAT ARE SET FORTH IN THE POLICY.
AGAIN, THE YOU KNOW, WE SET FORTH ON PAGE EIGHT THE BEST PRACTICES AND THEN WHAT WE WOULD BE POSTING ON OUR WEB PAGES, TERMS OF USE AGREEMENT, WHAT IS ACCEPTABLE AND NON ACCEPTABLE WITH RESPECT TO THE SOCIAL MEDIA POSTINGS BY ANYONE, ELECTED OFFICIALS OR NOT.
THERE'S A BULLET POINT LIST AT THE BOTTOM OF PAGE NINE, OVER TO PAGE 10 AS TO WHAT CONSTITUTES INAPPROPRIATE POSTINGS.
I THINK THAT APPLIES CERTAINLY TO OURS AND TO THE EXTENT THAT YOU ALL.
ANY OF YOU ALL MAINTAIN SOCIAL MEDIA PLATFORMS. I THINK THAT THESE RULES ALSO WOULD HAVE APPLICABILITY TO YOUR POSTINGS AND THOSE PEOPLE WHO MAY POST ON YOUR.
IN RESPONSE TO ANY COMMUNICATIONS YOU ALL MAY SEND OUT.
THERE IS TO THE EXTENT, AS I MENTIONED BEFORE, THAT WE'VE TAKEN PRIOR POLICIES THAT EXISTED.
THERE'S AND AT THE TOWARD THE END OF THE POLICY, THERE'S A PROCEDURE THAT STAFF FOLLOWS FOR ESTABLISHING SOCIAL MEDIA PLATFORMS AND POSTING TO SOCIAL MEDIA PLATFORMS IN THE PROCESS.
INDIVIDUALS HAVE TO GO THROUGH AT THE STAFF LEVEL IN ORDER TO BE ABLE TO POST, AND I WILL.
AND TURN IT OVER TO EUNICIA TO SEE IF SHE HAS ANY ADDITIONAL COMMENTS OR OBSERVATIONS THAT SHE WOULD LIKE TO SHARE WITH YOU.
BUT THE AS I SAID AT THE BEGINNING, THE IDEA WAS TO TAKE ALL THESE DIFFERENT POLICIES AND PUT IN ONE PLACE BEST PRACTICES FOR ALL OF US TO FOLLOW WITH REGARDS TO SOCIAL MEDIA PLATFORMS. ANY QUESTIONS? I'LL TURN IT OVER TO.
WELL, I'LL ALLOW YOU TO SEE BEFORE AND ANSWERING ANY QUESTIONS.
I DON'T HAVE ANYTHING ADDITIONAL TO ADD, BUT I AM HERE TO ANSWER ANY QUESTIONS THAT I CAN HELP WITH AT THIS TIME.
I AM NOT SEEING ANY HANDS RAISED UP NOW I SEE A MICROPHONE.
OK? COMMISSIONER VILLALOBOS QUESTION FOR THE CITY MANAGER AND ATTORNEY.
ARE WE GETTING OUR NEXT DOOR ACCOUNT BACK? WE WANTED TO GET THESE POLICIES FORMALIZED AND THEN WOULD INSTITUTE THAT ACCESS ONCE THEY WERE DONE.
NOW, THIS WAY, COMMISSIONER BOLTON CAN STOP.
REPORTING MY POST TO NEXTDOOR.
VICE MAYOR MIKE I, VICE MAYOR.
THE TOPIC THAT YOU JUST ASKED ABOUT, I THINK WE'LL ALSO.
OK, SO IF I HEARD THE CITY MANAGER CORRECTLY, YOU'RE SAYING THAT NEXT DOOR IS BEING IMPLEMENTED AGAIN OR WAS THAT FOR DISCUSSION IN THE FUTURE? HMM.
IT'S AT THE COMMISSION'S WILL, REALLY, I MEAN, YOU ACCESS HAD BEEN PROVIDED TO NEXT DOOR AND THEN WAS REMOVED.
AND PART OF THE REASON FOR THE POLICY COMING FORWARD FOR DISCUSSION WAS SO THAT THERE WAS
[01:55:01]
AGREEMENT ABOUT EVERYBODY AGAIN, ABOUT THE RULES OF THE ROAD OR HOW TO ENGAGE ON IT.SO THAT'S WHERE WE THAT'S THAT'S HOW WE WERE PROCEEDING.
OK, SO IT'S SOMETHING THAT COULD BE FOR DISCUSSION IF PEOPLE NOT CHOOSE TO DO SO.
VICE MAYOR NOW RECOGNIZED AND JUST FOR THE RECORD, BECAUSE THE SPEAKER WAS PRESENTING COMMISSIONER, BOLTON HAD SIGNED ON VIRTUALLY AT ELEVEN FIFTY SIX.
AND HE IS NOW PRESENT IN THE COMMISSION CHAMBERS.
I WAS JUST FOLLOWING UP TO THE COMMENTS MADE BY COMMISSIONER VILLALOBOS.
IF WE WANT ACCESS TO NEXT DOOR, WE DIRECT THE CITY MANAGER TO GIVE US ACCESS TO NEXT DOOR.
SO I WOULD LIKE ACCESS TO MY NEXT DOOR.
THIS WAY, THEY'RE NOT BEING REPORTED.
VICE MR. VILLALOBOS ASKED FOR ACCESS BACK TO NEXT DOOR VICE MAYOR, SAYING, WE JUST DIRECT YOU AND TELL YOU TO PUT US ON NEXT DOOR.
IT IS A CITY IN THE AND IT IS SOMETHING THAT WE CAN NOW DISCUSS TO MAKE SURE THAT IT'S SOMETHING THAT'S IN PLACE.
SO LET'S FIRST DEAL WITH THE POLICY AND THEN WE CAN COME BACK AND DEAL WITH THE USAGE OF SOCIAL MEDIA IN THIS APPLICATION SO.
ACCESS NEXT DOOR IS INDEPENDENT OF THE POLICY.
IF WE WANT ACCESS, WE GET ACCESS.
YOU CAN HAVE YOUR OWN ACCOUNT.
VICE MAYOR, EVERYBODY HAS THEIR OWN NEXT DOOR ACCOUNT IF THEY WISH.
THE ACCESS THAT WAS DENIED TO THE CITY COMMISSION WAS THE CITY'S NEXT DOOR PAGE WHEN THE CITY COMMISSION, COMMISSIONERS, MAYOR, WHOMEVER WERE JUST POSTING THINGS ON IT WITHOUT HAVING ANY KIND OF POLICY ON IT.
PEOPLE WERE DISCUSSING THINGS WITH EACH OTHER IN VIOLATION OF THE SUNSHINE, AND THERE WERE SOME ISSUES.
IT IS NOT OURS TO JUST USE AS OUR LEISURE.
THE CITY'S EMAIL NEXT DOOR PAGE IS THE CITY'S NOT EACH INDIVIDUAL COMMISSIONERS, SO WE CAN GET BACK TO THAT ITEM OF WHETHER OR NOT THE CITY WILL HAVE US POSTING ON IT AGAIN.
AFTER WE FINISHED DEALING WITH THE SOCIAL MEDIA POLICY, ARE THERE ANY QUESTIONS OR CONCERNS ON THE SOCIAL MEDIA POLICY VICE MAYOR? SO I'M OK WITH THE POLICY.
COMMISSIONER WHEN YOU SAID, VICE MAYOR, WERE YOU TALKING TO ME OR ARE YOU TALKING TO COMMISSIONER? BELONG TO YOU? OK.
I HAVE NO QUESTIONS ON THE POLICY, BUT I DO WANT ACCESS TO MY NEXT DOOR ACCOUNT THROUGH THE CITY.
COMMISSIONER VILLALOBOS NOTED THAT YOU WANT.
YOU HAVE NO ISSUES WITH THE POLICY.
YOU WANT ACCESS TO THE NEXT DOOR.
THE CITY'S NEXT DOOR, COMMISSIONER GELIN IS SAYING THE CITY'S NEXT DOOR OR YOUR OWN NEXT DOOR.
I HAVE ACCESS TO MY OWN NEXT DOOR.
I DON'T HAVE A PROBLEM WITH THAT.
THE CITY'S NEXT DOOR, THAT'S THE CITY ORDINANCE.
NO, SO THERE'S TWO THINGS HERE.
SO THE CITY AS A WHOLE HAS A NEXT DOOR ACCOUNT.
A SUB ACCOUNT FOR THEIR DISTRICT.
SO, FOR EXAMPLE, YOU HAVE ACCESS, YOU WOULD HAVE ACCESS AS MAYOR TO ALL FOUR DISTRICTS.
I WOULD ONLY HAVE ACCESS TO MY DISTRICT THREE AND WE HAVE ACCESS CITYWIDE.
WHAT HAD HAPPENED WAS, PLEASE MUTE YOUR MICS.
WHAT HAD HAPPENED WAS IT WAS SUPPOSED TO BE, AS YOU HAVE LINE ITEM COMMISSIONER VILLALOBOS, THAT THE USE OF THESE CITIES NEXT TO OUR ACCOUNT WAS SUPPOSED TO BE JUST FOR EACH COMMISSIONER TO HAVE THEIR DISTRICT AND MYSELF AS THE MAYOR HAD CITYWIDE.
PEOPLE ON THE COMMISSION DID NOT LIKE THAT.
AND SO IT WOUND UP BEING EVERYBODY HAD ACCESS TO THE ENTIRE THING.
SO IF YOU'RE NOW SAYING YOUR REQUEST IS FOR DISTRICT THREE ONLY, YOU WANT ACCESS FOR DISTRICT THREE ONLY.
COMMISSIONER VICE MAYOR GELIN HAS SAID HE WANTS ACCESS TO THE WHOLE ENTIRE CITY.
OK, GOT THAT NOTED? I'M NOT SEEING ANY PARTICIPATION FROM THE OTHERS.
COMMISSIONER BOLTON, IS IT THAT WE'RE WE'RE ASKING FOR ACCESS AGAIN, AND IF WE ASK FOR IT, WE GET IT? OR IS IT THAT IF YOU HAVE CONSENSUS ACROSS THE BOARD, THEN WE HAVE ACCESS? I THINK FIRST AT THIS TIME, WE NEED TO HAVE CONSENSUS ON THE POLICY, WHICH WE ACTUALLY HAVE CONSENSUS ON THE POLICY SINCE POLICY WILL BE PUT INTO PLACE IN EACH OF ONE OF US ARE AGREEING TO PARTICIPATE AND BE ACCOUNTABLE PER POLICY.
THE NEXT REQUEST IS SEEMS TO BE THAT THIS COMMISSION WANTS ACCESS TO THE CITY'S NEXT DOOR ACCOUNT AND THERE IS A REQUEST FOR IT TO BE BY ONE PERSON AT THIS TIME CITYWIDE
[02:00:06]
AND ANOTHER PERSON JUST FOR THE PERSONS RESPECTIVE COMMUNITIES.THAT'S WHERE WE STAND RIGHT NOW.
IF WE ASK FOR ACCESS TODAY, IS IT THAT ASKING FOR ACCESS IS GIVING CONSENSUS OR YOU JUST WANT CONSENSUS ACROSS THE BOARD? WHAT I'VE HEARD FROM THE CITY MANAGER IS THAT THE CITY STAFF AND THE CITY MANAGER WOULD BE AMENABLE TO GIVING US BACK ACCESS, PROVIDED THIS PLAN IS IN PLACE, SIGNED BY US AND WORKED ON ACCORDINGLY, WHICH ALSO WOULD THEN HAVE TO GO BACK TO PROCEDURES IN PLACE OF WHEN WE GET THINGS TO PIO FOR POSTING UNLESS WE'RE POSTING IT RIGHT.
THIS WOULD BE BACK FOR US POSTING IT VERSUS PIO POSTING IT FOR US.
IS THAT CORRECT? CITY MANAGER UNIQUELY, WILL YOU PLEASE ANSWER THAT? I DON'T REMEMBER EXACTLY HOW THAT EXACTLY.
PREVIOUSLY, THE DISTRICT SPECIFIC PAGES WERE, EXCUSE ME, THE DISTRICT SPECIFIC NEXT DOOR PAGES.
THOSE WERE MANAGED BY THE COMMISSION MEMBER OR THEIR STAFF, NOT THE PUBLIC INFORMATION OFFICE.
THE CITYWIDE NEXT DOOR ACCOUNT IS MANAGED BY THE PUBLIC INFORMATION OFFICE, BUT THE PUBLIC INFORMATION OFFICE DID WAS TO PROVIDE THE ACCESS.
SO YOU GET AN EMAIL PROMPT TO YOUR CITY'S EMAIL ACCOUNT.
YOU CLICK THE LINK AUTHORIZING USE AND THEN YOU ARE GIVEN ACCESS TO MANAGE YOUR OWN NEXT DOOR PAGE.
SO FOLLOWING THAT, THOUGH, MISS BAKER, THE.
QUESTION THAT IS POSED RIGHT NOW IS ACCESS TO OUR OWN CITY PAGE ONE.
BUT THERE'S BEING A REQUEST FOR ACCESS TO THE ENTIRE CITY PAGE LIKE EACH ONE OF US.
I ALREADY HAVE ACCESS IF WE GET ACCESS AGAIN, I HAVE ACCESS TO THE ENTIRE BECAUSE I RUN CITYWIDE.
BUT COMMISSIONER VILLALOBOS, VICE MAYOR GELIN COMMISSIONER, PLACKO COMMISSIONER BOLTON.
THEY ONLY GET ACCESS TO THEIR RESPECTIVE DISTRICTS IN THE WITHOUT HAVING YOUR CIO INVOLVED.
THE REQUEST IS IT FOR SOME IS TO HAVE THE ENTIRE CITY THEN DOES IT REQUIRE PIO TO BE INVOLVED? PIO DOES NOT NEED TO BE INVOLVED BEYOND GIVING ACCESS FROM THE CITY'S NEXT DOOR PAGE TO EACH COMMISSIONER WITH THE EMAIL ADDRESS THAT IS ASSOCIATED WITH THEM.
WHEN WE DID HAVE THE NEXT DOOR ON, EACH COMMISSIONER MEMBER DID HAVE ACCESS TO NEXT DOOR.
THOSE ACCOUNTS WERE MANAGED SOLELY BY THE ELECTED OFFICIAL AND THEY WERE ABLE TO POST ON THE CITY.
THEY HAD CITYWIDE ACCESS ON NEXT DOOR TO POST.
THEY HAD RIGHT NEXT DOOR TO POST.
THEY ALSO HAD ACCESS AND IT WAS FOR REMOVAL.
IT HAD ACCESS AND FOR COMMENTS AND COMMENTING ON THE POST BECAUSE NEXT DOOR ALLOWS FOR SOMEBODY TO POST AND RESPONSES TO BE PUT ON IT.
BUT THIS POLICY NOW HEREBY SETS FORTH WHAT CAN AND CANNOT BE DONE ON THAT, THAT WE ARE ABIDING TO CORRECT.
I'VE GOT A SHAKING OF THE HEAD FROM.
AND SO WE WOULD BRING THIS BACK EITHER WEDNESDAY OR AT THE NEXT MEETING FOR RATIFICATION IF THERE'S CONSENSUS AND THEN WE COULD, BASED ON THE CONSENSUS OF THE COMMISSION, MAKE NEXT DOOR ACCESS AVAILABLE.
MAY I ADD SOMETHING? YES, I SEE YOUR HAND UP.
AND ACTUALLY, THOUGH COMMISSIONER BOLTON HAD THE FLOOR, THEN WE'LL GO BACK TO COMMISSIONER VILLALOBOS AND THEN I SEE VICE MAYOR'S HANDS UP.
COMMISSIONER BOLTON, OH, THANK YOU, CHAIR.
I HAVE A QUESTION FOR THE CITY ATTORNEY, THE CITY ATTORNEY NEXT DOOR IS CLASSIFIED AS SOCIAL MEDIA.
SO IF I MAKE A POST ON NEXT DOOR, THERE IS A FUNCTION TO TURN OFF COMMENTS WHEN I'M MAKING THAT POST.
SO IF I WANT TO MAKE A POST AND TURN OFF COMMENTS, THAT MEANS NO COMMENTS AT ALL WOULD BE ALLOWED.
SO IT'S NOT THAT I AM ABRIDGING COMMENTS.
THERE'S NO THERE'S NO COMMENTS ALLOWED.
WOULD THAT BE ACCEPTABLE OR NOT? NO, SIR.
COMMENTS CANNOT BE PROHIBITED OR BLOCKED.
AND WHAT IS THE WHAT IS THE CONSEQUENCE FOR DOING THAT ON THE OFFICIAL END OF THE CITY? WELL, IF IF AN ATTEMPT WERE TO TRY AND AND BLOCK OR POST,
[02:05:08]
BY WAY OF EXAMPLE, AN INAPPROPRIATE RESPONSE, THEN THE THE ADMINISTRATOR WOULD HAVE TO STEP IN AND WON'T ALLOW THE POST IF IT WAS BLOCKED AND IN AND IN THE CASE OF AN INAPPROPRIATE ONE, TO NOTE IT AS INAPPROPRIATE AND REMOVE IT.SO, MY QUESTION IS NOT ASKING OF BLOCKING COMMENTS THAT ARE, IT'S NOT BLOCKING COMMENTS WHEN A POST IS IS OPEN FOR COMMENTS.
MY QUESTION IS, CAN WE JUST MAKE A POST AND NOT ALLOW COMMENTS, PERIOD, BECAUSE THERE IS A FUNCTION THAT YOU CAN TURN ON OR TURN OFF POSTS? I UNDERSTAND, AND MY ADVICE TO YOU IS THAT IN ENABLING THAT BLOCK IS INAPPROPRIATE.
YOU CANNOT BLOCK COMMENTS ACROSS THE BOARD.
AND WHAT IS THE CONSEQUENCE IF WE DO THAT AS ELECTED OFFICIALS OR IF THE CITY DOES THAT ON THEIR SOCIAL MEDIA ACCOUNTS IN THE CONTEXT OF THIS OF THE OF THE CITY? BEING IN CONTROL OF THE WEBSITE IS IF SOMETHING SOMEONE TRIED TO BLOCK ALL COMMENTS OR PARTICULAR COMMENTS, THEN WE WOULD MAKE SURE THAT.
AS THE ADMINISTRATOR OF THAT OF THAT WEBSITE OR THAT SOCIAL MEDIA PLATFORM, BUT WHAT IS THE.
WHAT IS WHAT IS THE PENALTY UNDER UNDER STATE LAW OR OR OR CITY? I THINK IT'S IF IF THE IF THE POLICY IS BEING ABUSED OR NOT FOLLOWED, THEN THE REMEDY WOULD BE FOR THE CITY ADMINISTRATOR OF THAT SOCIAL MEDIA PLATFORM IS TO REVERT TO BLOCKING.
SO, YOU KNOW, SO YOU SAID IF A ELECTED OFFICIAL WERE TO OR ANYONE WERE TO NOT COMPLY WITH THESE RULES.
THEN THE REMEDY WOULD BE TO REVOKE THAT, THAT INDIVIDUAL'S PERMISSION TO POST.
OK, SO I UNDERSTAND THAT THE THE THE PUNISHMENT WOULD BE TO REVOKE THE INDIVIDUAL.
WHAT WOULD BE THE CITY'S? PUNISHMENT, IF THE CITY, IF THE CITY DOES THAT.
HOW? I MEAN, YOU ALL CAN IF IF IF THE IF THE POST WAS CITY INITIATED, CITY STAFF INITIATED AND IT VIOLATED THE RULES, THEN CERTAINLY YOU ALL COULD BRING IT TO MY ATTENTION AND I WOULD MAKE SURE THAT THE THE THAT WE CONFORM, THAT STAFF EQUALLY CONFORMS TO THE REGULATIONS.
AND THEN OBVIOUSLY, YOU ALL CAN, IF YOU ALSO DESIRE, DISCUSS IT AT A PUBLIC MEETING AND DIRECT THE MANAGER TO.
APPROPRIATE DISCIPLINARY ACTION AGAINST THE INDIVIDUAL WHO VIOLATED THE POLICY.
AND UP INTO SUSPENDING THAT PERSON'S ABILITY TO HAVE ACCESS TO THE SOCIAL MEDIA PLATFORM.
DO YOU RECALL THAT I ASKED YOU ABOUT THIS BEFORE THE SAME ISSUE? FRANKLY, COMMISSIONER, NO, I DON'T, BUT I WILL I'LL PROVIDE YOU A COUPLE OF THE EMAILS TODAY.
SO YOU DID ASSERT THAT FACEBOOK, INSTAGRAM, NEXT DOOR, YOUTUBE, ALL OF THESE ARE SOCIAL MEDIA IS CLASSIFIED AS SOCIAL MEDIA BASED UPON THE DEFINITION OF THE POLICY YES.
SO IF YOU GO ON TO YOUTUBE AND YOU LOOK ON THE CITY'S YOUTUBE CHANNEL, EVERY SINGLE VIDEO THAT IS POSTED HAS COMMENTS TURNED OFF.
I HAVE BROUGHT THIS TO YOUR ATTENTION BEFORE.
YOU DID SAY THAT YOU WOULD ALERT CITY MANAGER, A CITY MANAGER, WAS SACKED ON ALL OF THE EMAILS AS WELL AS ASSISTANT CITY MANAGER AT THE TIME.
YOU SAID THAT YOU WOULD DIRECT ALL CITY STAFF TO OPEN ALL COMMENTS BECAUSE
[02:10:04]
YOU ADAMANTLY AGREED THAT COMMENTS SHOULD BE TURNED ON.IT'S BEEN OVER A YEAR AND COMMENTS HAVE NOT BEEN TURNED ON.
COMMENTS ON ALL FACEBOOK AND ALL YOUTUBE VIDEOS HAVE BEEN TURNED OFF.
SO IT'S EITHER WE'RE GOING TO FOLLOW OUR OWN RULES OR FOLLOW THE CITY ATTORNEY'S ADVICE AND OPEN THE COMMENTS ON YOUTUBE OR WE'RE NOT GOING TO TO DO THAT.
AND IF WE'RE NOT GOING TO DO THAT, THEN THE CITY IS NOW ON RECORD SAYING THAT YOU WOULD SUSPEND THE PERSON THAT IS IN CHARGE OF OF THAT ACCOUNT, WHICH WOULD BE YOU, EUNICIA .
COMMISSIONER BOLTON IN ANSWER TO THE EXTENT THAT THAT WE COMMUNICATED AND I DON'T RECALL IF I INDICATED THAT I WOULD FOLLOW UP.
I AND I, YOU KNOW, I CANNOT TELL YOU WHY IT HASN'T BEEN ABLE, BUT IT WILL.
NOW I CAN ASSURE YOU THIS IF YOU ALL ADOPT THIS POLICY, THESE ARE THE RULES AND REGULATIONS THAT WE ALL HAVE TO FOLLOW.
AND ONE OF THE RULES IS THAT THAT CONTENT CAN'T BE BLOCKED IF IT'S ON A MATTER OF CITY BUSINESS.
SO IF THAT IS OCCURRING AND CONTINUES TO OCCUR, WE WILL REMEDY IT AS SOON AS POSSIBLE.
YOU DID MAKE THAT ASSURANCE BEFORE AND SO IN GOOD FAITH, I'M ACCEPTING YOUR ASSURANCE AGAIN AND I WILL PROVIDE YOU ALL NECESSARY DOCUMENTS FROM EMAIL THAT IS PUBLIC RECORD THAT YOU MADE THOSE ASSURANCES AND YOU DID NOT FOLLOW UP.
GOING BACK TO VICE MAYOR'S SUGGESTION FOR CITYWIDE NEXT DOOR USAGE.
SO MY CONCERN WITH THAT, ONE, WE'RE TAKING THE POWER AWAY FROM PIO'S OFFICE TO USE THE CITY'S PLATFORMS AND DO THEIR JOB AND TWO WHAT IS TO SAY THAT NOW I WANT ACCESS TO FACEBOOK.
I WANT PERSONAL ACCESS TO THE CITY'S FACEBOOK.
I WANT PERSONAL ACCESS TO THE CITY'S YOUTUBE SO THAT I CAN UPLOAD VIDEOS AND DO WHATEVER I WANT TO DO ON THERE.
IT'S NO DIFFERENT THAN NEXT DOOR.
THAT'S WHY I PREFER A DISTRICT ACCOUNT VERSUS A CITY WIDE ACCOUNT FOR NEXT DOOR.
AND THAT'S NUMBER ONE AND NUMBER TWO.
I WANTED TO JUST BRING UP THE REVOKING, CITY ATTORNEY SAID HE'LL BE SUGGESTING REVOKING EVERYONE'S ACCOUNT IF ONE COMMISSION MEMBER IS VIOLATING THE RULES.
BUT IT SHOULD JUST BE THAT COMMISSION MEMBER TO BE HAVE THEIR ACCOUNT REVOKED.
I DON'T THINK THAT WE SHOULD ALL BE PUNISHED FOR ONE MEMBER BEING NOT BEING ACCOUNTABLE TO THEIR OWN SOCIAL MEDIA USAGE.
SO, CITY ATTORNEY, YOU WERE SAYING THAT IF WE ADOPT THIS POLICY, THAT THE CITY OF TAMARAC CANNOT RESTRICT COMMENTS, WHETHER THAT'S ON YOUTUBE, AS COMMISSIONER BOLTON POINTED OUT OR ANY OTHER PLATFORM, BUT WHETHER WE ADOPT THIS POLICY OR NOT.
ARE WE CURRENTLY IN VIOLATION BY NOT ALLOWING COMMENTS? NOT NECESSARILY, AND THERE IS THE RIGHT TO REGULATE WHAT IS BEING POSTED AND THAT SET FORTH IN THE POLICY.
SO TO THE EXTENT THAT A PERSON POSTING ON THOSE POLICIES ON THOSE SOCIAL MEDIA PLATFORMS VIOLATES THE TERMS OF USE, THEN THAT PARTICULAR POST WOULD BE SUBJECT TO REMOVAL.
AND THEN JUST TO ADDRESS COMMISSIONER VILLALOBOS, WE ARE NOT TAKING ANY POWER AWAY FROM THE PIOS OFFICE PRIOR TO YOUR ARRIVAL AND WHEN YOU FIRST GOT HERE, EVERY COMMISSIONER HAD ACCESS TO CITYWIDE ACCESS TO THE ENTIRE CITY OF TAMARAC WHEN IT COMES TO US REACHING VOTERS AND THE PEOPLE WE REPRESENT.
BECAUSE REMEMBER, YOU DON'T JUST REPRESENT YOUR DISTRICT, YOU REPRESENT THE ENTIRE CITY OF TAMARAC.
[02:15:01]
SO, YOU KNOW, WHEN WE GO TO DIFFERENT EVENTS LIKE THE HOLIDAY EVENT THAT WAS IN COMMISSIONER BOLTON'S DISTRICT, YOU WERE IN DISTRICT ONE, SO RESIDENTS STILL NEED TO KNOW WHO YOU ARE.EVEN THOUGH YOU'VE BEEN DESIGNATED OR VOTED ON BY RESIDENTS IN DISTRICT THREE, ALSO, YOU'VE ALWAYS SAID SINCE BEFORE YOU'VE BEEN CAST IN THE COMMISSION THAT YOU BELIEVE WE SHOULDN'T EVEN HAVE DISTRICTS AND THAT VOTERS SHOULD BE ABLE TO VOTE FOR ALL OF US CITYWIDE.
SO, SO YOUR POSITION NOW IS IN CONFLICT WITH YOUR EARLIER POSITION.
AND WE'RE NOT YOU KNOW, WHAT WE POST ON NEXT DOOR IS THERE MIGHT, WILL BE DIFFERENT SOMETIMES THAN WHAT THE CITY POST AND OTHER TIMES IT WILL BE THE SAME BECAUSE WHAT WE WANT TO DO IS HAVE A CONSISTENT MESSAGE, ESPECIALLY WHEN WE'RE TRYING TO GET PEOPLE TO COME OUT TO CERTAIN EVENTS OR WHENEVER THIS COMPREHENSIVE PLAN UPDATE COMES UP.
AND WE'RE LOOKING FOR COMMUNITY FEEDBACK.
WE'RE GOING TO WANT TO SEND CONSISTENT MESSAGES.
SO IT'S IMPORTANT FOR US TO HAVE ACCESS TO ALL THE PEOPLE THAT WE REPRESENT BECAUSE EVEN WHEN WE VOTE ON CERTAIN ITEMS, WE VOTE ON ITEMS THAT ARE IN DIFFERENT DISTRICTS THAT IMPACTS DIFFERENT PEOPLE.
AND WHEN THE TAMERGRAMS GET SENT OUT, IT GETS SENT OUT TO EVERYBODY IN DIFFERENT DISTRICTS AND ALL OF OUR FACES AND OUR PAGES ARE THERE.
SO IT'S JUST GOING BACK TO WHAT WE WERE DOING.
AND I ALSO AGREE WITH YOU THAT IF SOMEONE VIOLATES THE POLICY, THEN THAT ONE PERSON SHOULD BE REMOVED AND NOT THE ENTIRE COMMISSION.
AND IF YOU REMEMBER THE PRIOR CITY MANAGER, REMOVE ALL OF OUR ACCESS BECAUSE UNFORTUNATELY, YOU ARE IN VIOLATION OF SOME OF THE POLICIES OR SOCIAL MEDIA BEST PRACTICES.
AND I DIDN'T THINK THAT WAS FAIR AS WELL.
BUT AND THEN A QUESTION FOR THE CITY ATTORNEY, YOU KNOW, WE AS A COMMISSION, WE DON'T NEED CONSISTENT.
I NEED CLARIFICATION FROM YOU.
DO WE NEED CONSENSUS ON THE COMMISSION TO GET ACCESS TO OUR NEXT DOOR? I DON'T THINK WE NEED CONSENSUS IF WE DIRECT THE CITY MANAGER TO GIVE US ACCESS.
SO IF I WANT ACCESS AND EVERYONE'S ACCESS AND NOBODY ELSE WANTS ACCESS, THEY DON'T GET THEIR ACCESS BACK.
BUT IF WE WANT ACCESS TO OUR INDIVIDUAL ACCOUNTS, THEN WE SHOULD BE ABLE TO GET ACCESS.
[INAUDIBLE] IF YOU ALL DIRECT THE CITY MANAGER TO GIVE YOU ACCESS TO ANY OF THE SOCIAL MEDIA PLATFORMS. YES, I DON'T.
I APOLOGIZE, I GUESS TO SOME DEGREE, BECAUSE I I'VE BEEN WORKING ON THIS POLICY AT YOUR DIRECTION, MAYBE IN SOME IN A VACUUM OF WHAT WAS TAKING PLACE BETWEEN INDIVIDUAL COMMISSIONERS AND ADMINISTRATION AS FAR AS ACCESS TO THE SOCIAL MEDIA PLATFORM.
ALL I CAN SAY AT THIS POINT IS THE CONCEPT IS THAT WE WILL ALL BE GOVERNED MOVING FORWARD UNDER THIS DOCUMENT, WHICH WOULD INCLUDE GIVING EACH AND EVERY ONE OF YOU ALL ACCESS TO NEXT DOOR.
CITY ATTORNEY I THINK THE QUESTION WAS A LITTLE MORE DIRECT.
I THINK I HAVE THE FLOOR MAYOR GOMEZ.
AND TO CLARIFY AGAIN FOR COMMISSIONER VILLALOBOS, I DON'T THINK ANYONE IS ASKING FOR CITYWIDE ACCESS TO ANY FACEBOOK OR INSTAGRAM OR ANY OTHER PAGE.
IF THAT IS A DESIRE OF YOURS, THEN THE CITY OF TAMARAC CAN ESTABLISH FACEBOOK, TWITTER, WHATEVER PAGE ON BEHALF OF EACH COMMISSIONER WHERE YOU CAN REPRESENT THE CITY AS COMMISSIONER, WHICH IS WHAT THE CITY OF CORAL SPRINGS DOES.
THEY HAVE A PAGE FOR EVERY COMMISSIONER THAT THEY JOINTLY MANAGE WITH THE COMMISSIONER AND OR THE COMMISSION MANAGES THE PAGES THEMSELVES.
BUT THE WAY IT'S DIFFERENT FROM NEXT DOOR IS NEXT DOOR, WE ALL HAVE ACCESS TO A PAGE.
AND IF YOU WANTED TO SO IT WOULD NOT MAKE SENSE FOR EACH COMMISSIONER TO HAVE ACCESS TO THE CURRENT EXISTING CITY OF TAMARAC PAGE THAT'S SUPPOSED TO BE MANAGED BY STAFF, BUT STAFF CAN ESTABLISH A PAGE ON BEHALF OF EVERY COMMISSIONER ON ALL THE SOCIAL MEDIA OUTLETS.
IF THAT'S WHAT YOU DESIRE, I DON'T THINK ANY COMMISSIONER IS REQUESTING THAT.
ARE YOU COMPLETE? HAVE YOU COMPLETED YOUR THOUGHTS? THANK YOU VICE MAYOR.
SO IT'S DEFINITELY NOT MY WISH.
IT'S JUST TO AVOID ANY CURRENT OR FUTURE MEMBER OF A ON THE DAIS TO SAY TO THE MANAGER, HEY I WANT ACCESS TO THIS CITY'S PAGE.
THIS STOPS THEM FROM DOING THAT.
WE DON'T WANT ANY ONE COMMISSIONER OR THE MAYOR CONTROLLING PIO'S, YOU KNOW, CHANNELS.
SO ONE THING THAT WE WE'VE GOT TO BE CAREFUL WITH IS OVER POSTING.
IF COMMISSIONER BOLTON IS POSTING ABOUT, YOU KNOW, A TURKEY EVENT AND COMMISSIONER PLACKO
[02:20:01]
SAYS SHE STARTS POSTING ABOUT THE TURKEY EVENT OR, YOU KNOW, MAYOR STARTS POSTING ABOUT THE TURKEY EVENT.IT GETS VERY YOU TAKE AWAY FROM THE USER WANTING TO SEE THE CONTENT.
SO THAT'S MY ISSUE WITH EVERYONE POSTING THE SAME THING.
SO IF IT'S A CITY WIDE EVENT, THE CITY HANDLES THAT POST.
IF IT'S A DISTRICT EVENT, WE'LL LET THAT DISTRICT MEMBER OR ANYONE THEY'RE PARTNERING WITH ALLOW THEM TO POST THAT.
BUT IT BECOMES VERY ENCUMBERED TO IT JUST DOESN'T MAKE SENSE FOR EVERYONE TO BE POSTING THE SAME THING.
THE VIOLATIONS THAT YOU WERE TALKING ABOUT, VICE MAYOR, WAS JUST BETWEEN ME AND YOU.
AND AGAIN, I DO WANT ACCESS TO MY DISTRICT NEXT DOOR ACCOUNT SO.
SO BASICALLY AS A LITTLE REFRESHER, THIS IS ONLY CAME ABOUT ABOUT 2019, I BELIEVE GOING INTO 20 AND THE WAY IT WAS STARTED WAS BECAUSE THE CITY WAS ASKED TO BECOME MORE.
ACCESS MORE ACCESS TO US, BETTER WAYS FOR US TO COMMUNICATE WITH OUR RESIDENTS AND NEXT DOOR WAS JUST BUILDING.
AND SO WHAT HAPPENED WAS THE CITY'S ACCOUNT WAS ABLE TO BE BUILT LARGE WITHOUT EACH OF US HAVING OUR OWN LITTLE WEB PAGE OR OUR OWN LITTLE NEXT DOOR PAGE FOR US TO GO OUT AND SEEK PEOPLE TO SIGN UP FOR OUR OWN.
SO IT WAS AN EASY ACCESS TO A DATABASE.
SO ONCE THAT HAPPENED, THE COMMISSION DECIDED THEY WANT ACCESS TO EVERYBODY, AS VICE MAYOR SAID, BECAUSE WE DO THINGS ALL OVER THE PLACE.
BUT ORIGINALLY THE CONCEPT WAS EVERYBODY HAS THEIR OWN DISTRICT BECAUSE THAT IS WHAT ARE THE RESIDENTS ACTUALLY EXPECT, WHO THE RESIDENTS ACTUALLY EXPECT TO HEAR FROM REGARDING CERTAIN DISTRICT MATTERS? I HAPPEN TO AGREE ABOUT SOCIAL MEDIA OVERLOAD.
AND THEN THE MESSAGE GETTING LOST AND WHO RACES TO POST FIRST.
AND SOMETIMES THE PROBLEM IS THERE'S NOT A CONSISTENT MESSAGE BECAUSE SOME PEOPLE INTERPRET CERTAIN THINGS DIFFERENTLY AND HAVE POSTED IT AS SUCH, WHICH HAS CAUSED SOME OF THE CONSTERNATION WHICH CAUSED SOME OF THE DIFFERENT REASONS FOR PEOPLE POSTING ON EACH OTHER'S POSTS, OR THEN PEOPLE BATTLING AND PUTTING THEIR OPINION OF WHAT ACTUALLY HAPPENED VERSUS THE OTHER PERSON.
OPINION OF HAVE ACTUALLY WHAT HAPPENED AND CREATING.
SOME FEELING IN THE CITY OF THE LESS THAN HAVING THE CONSISTENT MOVING FORWARD COMMISSION THAT WE ARE.
I AM CURIOUS AND I DON'T KNOW IF MS. BAKER HAS THIS OR NOT.
WHAT IS THE DATA OF NEXT DOOR'S SOCIAL MEDIA USAGE FOR WHEN WE WERE ALL POSTING, WHAT IS THE RESPONSE FROM THE RESIDENTS? HOW DID THEY FEEL WHEN WE WERE ALL POSTING VERSUS AND POSTING CITYWIDE BECAUSE IT WAS NEVER ANYBODY JUST POSTING IN THEIR DISTRICT, THEY ALWAYS POSTED ALL OVER THE PLACE BECAUSE SOMEBODY PICTURES GOT PRETTIER THAN THEIRS.
YOU KNOW WHAT I MEAN? LIKE THAT WAS ALWAYS FELT LIKE A COMPETITION VERSUS ACTUALLY TRYING TO EDUCATE OUR RESIDENTS, WHICH IS REALLY WHAT PIO'S JOB IS FOR GETTING OUT THE CITY'S CONSISTENT MESSAGE CITYWIDE.
SO I'M CURIOUS WHAT YOUR FEEDBACK IS FROM THE RESIDENTS AND THE DATA.
I DON'T HAVE SENSE THAT HE HAS IT FOR US FROM WHEN WE ALL POSTED AND FROM WHEN WE'RE POST, WE'RE NOT POSTING NOW AND MAYBE JUST DOES NEED TO GO BACK WITH ITS.
WE'RE NOT POSTING ON THE CITY'S PAGE.
WE ALL HAVE OUR OWN NEXT DOOR PAGE.
AND IF IT'S A MATTER OF HAVING THE DATABASE FILLED, THEN HAVING A DIVIDED BASE FILLED INDIVIDUALLY SO PEOPLE CAN DECIDE WHETHER OR NOT THEY WANT TO READ YOUR POST OR WHETHER THEY WANT TO READ SOMEBODY ELSE'S POST.
BUT IT'S NOT COMING FROM THE CITY OF TAMARAC, WHERE PEOPLE ARE DEFINITELY GOING TO READ IT BECAUSE THEY THINK IT'S THE CITY.
SO THAT IS ONE THOUGHT AND ONE QUESTION I HAVE, IF YOU CAN, I KNOW YOU DON'T HAVE THE RESEARCH ANSWER NOW, BUT I WOULD LIKE TO KNOW BEFORE MOVING ON ON WHETHER OR NOT WE GET ACCESS TO NEXT DOOR.
THE POLICY IS DEFINITELY NEEDED.
I AM CURIOUS AS WHO MAKES THE DETERMINATION OF WHAT'S THE VIOLATION OR NOT, WHETHER IT'S COMMISSION OR THE CITY'S THE CITY UNDER THE CITY MANAGER, THE CITY ATTORNEY WILL DETERMINE, WAS A VIOLATION FOR CITY STAFF, AND THEN IT REALLY SHOULD AS WELL BE FOR US, WHETHER WE'RE VIOLATING BECAUSE WE'RE SUPPOSED TO BE RELYING ON OUR CITY ATTORNEY TO MAKE SURE WE DO CERTAIN THINGS RIGHT FROM EARLIER CONVERSATION.
BUT WHEN WE HAVE IT THAT THERE'S THIS PROCESS OF VIOLATION, OUR SANCTIONS ABILITY IN OUR CODE.
PEOPLE ASK US ALL THE TIME SO-AND-SO MIGHT NOT HAVE BEEN NAMED WHILE WHY DIDN'T YOU DO ANYTHING? WELL, BECAUSE OUR CODE SAYS WE NEED TO HAVE A MOTION FOR IT IN ONE MEETING, GETTING THREE PEOPLE OUT OF FIVE TO SAY YES, AND THEN WE BRING IT BACK TWO WEEKS LATER TO SAY FOUR OUT OF FIVE OF US SAY THAT THE PERSON DID SOMETHING THAT WAS AGAINST THE RULES OF THE CITY, DECORUM OR WHATEVER IT MIGHT HAVE BEEN.
[02:25:03]
SO IT DOESN'T GET DONE BECAUSE THE PROCESS IS LONG AND THE PROCESS IS DIFFICULT BETWEEN THREE OUT OF FIVE AND THEN FOUR OUT OF FIVE.YOU KNOW, THE REALITY IS AS IT HAPPENED, SO IS THERE ANOTHER PROCEDURE IN PLACE? MAYBE IT'S JUST, YOU KNOW, LISTENING TO SOME OF THE RESIDENTS SAYING THAT WE'VE DONE SOMETHING WRONG.
ALSO, WITH SOME OF THE STUFF, AND THIS IS MAYBE ANOTHER EUNECIA QUESTION .
HOW DO WE STOP IF WE'RE ALL TO POST AGAIN, THE BOTS OR THE PEOPLE WHO MAKE UP 15 DIFFERENT EMAIL ADDRESSES OR HAVE PEOPLE COMMENT FROM ALL OVER THE PLACE THAT ACTUALLY JUST COMMENT? SOME OF IT NICE, SOME OF THEM MAYBE NOT SO NICE, YOU KNOW, PAYING FOR THE GOOGLE SEARCH THAT MAKES YOU COME UP TOP.
SOME OF THE STUFF THAT SOME OF OUR RESIDENTS HAVE SEEN, IT MIGHT BE FOR A LARGER DISCUSSION ON SOCIAL MEDIA, BUT I THINK THAT BEFORE WE GIVE OR ASK FOR OR DEMAND ACCESS, WE ALSO NEED OUR CITY ATTORNEY TO DETERMINE WHETHER OR NOT THIS IS AN ITEM THAT CITY COMMISSION HAS THE RIGHT TO DEMAND ACCESS TO.
YOU KNOW, IT'S NOT IN THE BILL OF RIGHTS, IT'S IT'S AN ITEM THAT IS A LUXURY THAT IS BEING AFFORDED TO US TO BE ABLE TO REACH OUR CONSTITUENTS IN A MANNER THAT SHOULD BE CONSISTENT.
SO THOSE ARE UM, I WROTE DOWN TWO TYPES OF ACCESS, BUT I THINK THAT GOES BACK TO MY COMMENT OF MAYBE WE JUST HAVE OUR OWN PLATFORM AND WE'RE NOT TIED TO THE CITY'S PIO NEXT CITY'S NEXT DOOR SO THE CITY CAN DO WHAT IT NEEDS TO DO.
THOSE ARE MY COMMENTS, BUT I SUPPORT THE POLICY.
WHICH THAT IS ACTUALLY THE TOPIC OF TODAY IS WHETHER OR NOT THIS POLICY GOES FORWARD.
AND SO WE HAVE CONSENSUS ON THAT.
DO YOU HAVE ANYTHING FURTHER ON THE ACTUAL SOCIAL MEDIA POLICY AS CERTAIN THINGS WILL BE DISCUSSED IN THE FUTURE REGARDING NEXT DOOR ACCESS? NO, I JUST WOULD LIKE FOR MS. BAKER TO EXPLAIN TO THE VICE MAYOR HOW THE NEXT DOOR PAGE WORKS FOR THE INDIVIDUAL COMMISSION MEMBERS BECAUSE HE TALKED ABOUT THE OVERT DUPLICATION OF POSTS.
BUT WE'VE ACTUALLY GOTTEN EMAILS FROM STAFF SAYING, PLEASE POST THIS ON YOUR CHANNELS TO PUMP THIS UP BECAUSE WE'RE TRYING TO GET ENGAGEMENT SO SHE CAN EXPLAIN HOW THE DIFFERENT HOUSE THE NEXT DOOR APPLICATION WORKS IN TERMS OF US BEING ABLE TO SEND INFORMATION OUT TO OUR CONSTITUENTS AND THE FACT THAT PEOPLE CAN SUBSCRIBE TO EACH OF OUR ACCOUNTS OR UNSUBSCRIBE SO THEY MAY NOT BE HEARING FROM ALL FIVE OF US.
SO I WOULD JUST LIKE FOR HER TO BRIEF THE COMMISSION.
ACTUALLY MS. BAKER, I'M GOING TO SAY NO.
YOU'LL BRING IT BACK TO US IN A PRESENTATION AT A WORKSHOP AT A LATER DATE.
TODAY'S SUBJECT WAD SOCIAL MEDIA POLICY.
SOCIAL MEDIA POLICY IS BEING PASSED AND BEING MOVED FORWARD, AND WE'RE NOW GOING TO GO TO THE SUNSHINE LAW.
THAT'S THE LATEST SOCIAL MEDIA WE THE ACCESS.
YOU HAVE TO GET CONSENSUS FROM THE COMMISSION AS WELL.
THE TOPIC IS SOCIAL MEDIA POLICY.
VICE MAYOR, CITY ATTORNEY, CAN YOU ADDRESS THIS? I MADE A REQUEST OF STAFF AND SHE CAN OVER TIME SAY NO WITHOUT GETTING CONSENSUS FROM THE COMMISSION.
I THINK THAT THE BOTH MS. BAKER AND THE MANAGER HAVE HEARD YOUR REQUEST OF VICE MAYOR, AND I'M SURE THEY WILL FOLLOW UP ON IT WITH THE WITH COMMISSIONER VILLALOBOS.
BUT SHE DOESN'T HAVE THE AUTHORITY TO SAY NO WITHOUT GETTING CONSENT FROM THE COMMISSION.
IS THAT CORRECT? I HAVE THE AUTHORITY TO HAVE THE AGENDA PROCEED FORWARD AS THE AGENDA.
I'M WAITING TO HEAR FROM THE CITY ATTORNEY.
CITY ATTORNEY, CAN YOU ANSWER THE QUESTION? CITY ATTORNEY.
I'M SORRY, THE RULES OF PROCEDURE ARE THAT THE MAYOR HAS THE RIGHT TO ADMINISTER HOW THE MEETING RUNS.
I THINK THAT THE AND I VICE MAYOR, CORRECT ME IF I'M WRONG, YOUR QUESTION IS THAT BEFORE WE MOVE ON TO THE NEXT ITEM, THERE NEEDS TO BE A DETERMINATION BY CONSENSUS OF THE MEMBERS PRESENT THAT YOU'RE READY TO MOVE ON TO THE NEXT ITEM.
I ASKED THE PIO TO EXPLAIN TO THE COMMISSION AND SPECIFICALLY TO COMMISSIONER VILLALOBOS HOW THE PAGE WORKS BECAUSE HE ADDRESSED THE OVER PROMOTION OF CERTAIN ITEMS, AND THAT'S NOT HOW NEXT DOOR WORKS.
AND SO I ASKED MS. BAKER TO CLARIFY THAT.
AND I CITY ATTORNEY, THE REASON FOR THE MOVING ON IS THAT IT IS NOT THE TOPIC AT HAND.
AND THE VICE MAYOR IS ASKING YOU TO OVERRULE IT, SAYING THAT I AM NOT ALLOWED TO
[02:30:04]
MOVE THE COMMISSION MEANING ALONG BECAUSE THAT'S NOT A TOPIC AT HAND.AND THIS IS AN ITEM THAT WE'RE REQUESTING A HAND BECAUSE IT'S UNDER SOCIAL MEDIA.
AND THE CITY ATTORNEY TOLD ME THAT NEXT POLICY IS WHAT'S AT HAND.
COMMISSIONER VICE MAYOR, GELIN SOCIAL MEDIA POLICY.
I THINK THE EASIEST WAY TO RESOLVE AND ADDRESS YOUR THE QUESTION THAT'S PERFORMED PROCEDURALLY IS SIMPLY VICE MAYOR LO, NOT VICE MAYOR.
COMMISSIONER VILLALOBOS WANT TO MAKE YOURSELF AVAILABLE TO MS. BAKER TO TALK ABOUT THE THE I UNDERSTAND THE DIFFERENCES.
BUT I MEAN, I THINK WHATEVER CONSENSUS WE GET ON, WHETHER WE GET A CITY WIDE OR DISTRICT WIDE, I PREFER A DISTRICT WIDE.
OK, WE WILL DISCUSS THAT PART AT ANOTHER TIME.
AND AS FAR AS COMMISSIONER VILLALOBOS HAS SAID, HE DOES NOT NEED TO HAVE THE EDUCATION THAT VICE MAYOR GELIN IS TRYING TO IMPRESS UPON HIM THROUGH MS. BAKER, SO WE WILL BE MOVING ON.
THE NEXT TOPIC IS SUNSHINE LAW.
[5. Sunshine Law]
CITY ATTORNEY, PLEASE PROCEED.FOR THIS, THERE IS A POWERPOINT PRESENTATION.
LEVENT, IF YOU COULD BRING UP THE FIRST SLIDE PLEASE.
THIS PRESENTATION I WILL TRY TO BE BRIEF, WAS REQUESTED BY ACTUALLY, COMMISSIONER BOLTON ABOUT A MONTH AND A HALF TWO MONTHS AGO BECAUSE OF I, AND IF I'M WRONG, I BELIEVE IT WAS BECAUSE WE WERE HAVING A SITUATION WHERE.
TO SOME DEGREE, RELATED TO THE THE POLICY THAT WE JUST DISCUSSED.
REPLY ALL EMAILS AND THINGS OF THAT NATURE WHERE THROUGH POTENTIALLY INADVERTENT OVERSIGHT, THERE WERE COMMUNICATIONS TAKING PLACE BETWEEN COMMISSIONERS THAT SOME MIGHT CONSIDER TO BE IN VIOLATION OR OR OF QUESTION WITH REGARD TO THE SUNSHINE LAW.
SO TO THAT END, THE SUNSHINE LAW IS CODIFIED IN CHAPTER 286.
IT WAS ADOPTED OVER 30 YEARS AGO.
AT THE TIME THAT IT WAS ENACTED, IT WAS CONSIDERED TO BE THE LEADING EXAMPLE OF OPEN GOVERNMENT AND TRANSPARENCY RELATED TO ITEMS HAVING TO BE CONSIDERED IN WHAT IS COMMONLY REFERRED TO IN THE SUNSHINE OR AT A PUBLIC MEETING.
SO WHAT THE STATUTE DOES IS IT ESTABLISHES THE BASIC RIGHT OF ACCESS TO MOST MEETINGS OF BOARDS, COMMISSIONS AND OTHER GOVERNING BODIES OF LOCAL GOVERNMENTS.
CERTAINLY HERE, AS IT RELATES TO THE CITY OF TAMARAC, THERE ARE SOME EXEMPTIONS THAT WE WILL TALK ABOUT IN A COUPLE OF THE FOLLOWING SLIDES.
BUT THE BASIC STARTING POINT FOR THE SUNSHINE LAW IS THAT ALL MEETINGS ARE OPEN TO THE PUBLIC.
NOT ONLY ARE THEY OPEN TO THE PUBLIC, BUT THEY HAVE TO BE PROPERLY NOTICED AND THE MINUTES OF THE MEETING HAVE TO BE KEPT.
SO WHAT CONSTITUTES MEETING MEMBERS OF ANY BOARD OF COMMISSION COMMUNICATIONS OF ANY TYPE BETWEEN TWO OR MORE BOARD MEMBERS OF THE SAME BOARD ON ANY MATTER WHICH MAY COME BEFORE THEM? OR THERE'S A REASONABLE EXPECTATION THAT THAT ITEM WILL COME BEFORE THEM, AND THAT IS A VERY KEY COMPONENT.
THE LAST CRITERIA, WHEN IN DOUBT, REFRAIN FROM COMMUNICATING IF THERE'S ANY BELIEF OR ANY EXPECTATION OR THOUGHT, EVEN REMOTELY, THAT AN ITEM MAY COME BACK BEFORE YOU OR THAT THAT YOU'RE GOING TO DISCUSS WITH ANOTHER COMMISSIONER MAY COME BEFORE THE COMMISSION AS A WHOLE, THEN YOU SHOULD REFRAIN FROM HAVING THAT DISCUSSION.
IT DOES NOT MEAN THAT YOU CAN'T BE FRIENDS WITH EACH OTHER, THAT YOU CAN'T COMMUNICATE AND TALK ABOUT THINGS, BUT PRIMARILY ANY COMMUNICATIONS RELATED TO GOVERNMENT ISSUES.
CITY OF TAMARAC BUSINESS MUST BE EXCLUSIVELY REGARDING ITEMS THAT HAVE ALREADY TAKEN PLACE IN THE PAST, AND THAT IS AND THAT THERE'S NOT AN ANTICIPATION, EVEN REMOTE, THAT IT WOULD THEN COME BACK BEFORE YOU.
IF THERE IS THAT ANTICIPATION OR THAT BELIEF, THEN YOU SHOULD NOT BE COMMUNICATING WITH ANY OF YOUR PEERS WITH REGARD TO THAT ITEM.
WHAT IS REQUIRED OF A PUBLIC MEETING? IT HAS TO BE OPENED.
AS I MENTIONED BEFORE IT, REASONABLE NOTICE OF THE MEETING MUST BE GIVEN.
THE ACCESS TO THE PUBLIC MUST BE REASONABLE AND GENERALLY UNDER FLORIDA LAW.
THE PUBLIC HAS A RIGHT TO SPEAK AND AT OUR NORMAL MEETINGS THAT IS REFLECTED IN THE AGENDA WHERE THE MEMBERS OF THE PUBLIC ARE IN FACT ALLOWED TO SPEAK AND WITH RESPECT TO SPECIFIC ITEMS FROM TIME TO TIME, DEPENDING UPON THE NATURE OF THE ITEM.
[02:35:03]
THERE'S ACTUALLY A PUBLIC HEARING WHERE THE PEOPLE WHERE MEMBERS OF THE PUBLIC CAN SPEAK TO A PARTICULAR ITEM ORDINANCES, RESOLUTIONS, QUASI JUDICIAL ITEMS, THINGS OF THAT NATURE.WHAT IS REASONABLE NOTICE THAT, GENERALLY SPEAKING, IT IS SEVEN DAYS PRIOR TO THE MEETING? OBVIOUSLY, IF THERE'S A CALL FOR A SPECIAL MEETING OR AN EMERGENCY MATTER, THE GENERAL GUIDANCE IS THAT THERE THAT THE MEETING MUST BE NOTIFIED NO LESS THAN TWENTY FOUR HOURS AND PREFERABLY 72 HOURS BEFORE THE ACTUAL MEETING.
WE DO HAVE IN BROWARD COUNTY A REQUIREMENT THAT WAS ADOPTED IN TWENTY EIGHTEEN BY THE VOTERS.
IT'S SET FORTH IN SECTION 107.
THE BROWARD COUNTY CHARTER APPLIES TO ALL MUNICIPALITIES EQUALLY, AND IT SAYS THAT ANY MEETING SUBJECT TO SECTION 28 611 SHALL POST ON THEIR RESPECTIVE WEBSITES ANY REQUIRED NOTICES, AGENDAS AND AVAILABLE BACKUP MATERIALS AT LEAST 48 HOURS PRIOR TO THE POLITICAL SCHEDULED MEETING.
YOU ALL MAY RECALL WE PREVIOUSLY HAVE SOME DISCUSSIONS.
THAT'S WHY WE HAVE THE REQUEST TO GET ITEMS TO US FAR ENOUGH IN ADVANCE SO THEY CAN BE PROPERLY PLACED ON THE AGENDA AND THAT WE CAN AGAIN, IN TURN MEET THIS 48 NOTICE, 48 HOUR NOTICE REQUIREMENT.
THE ONE OF THE REQUIREMENTS OF THE PUBLIC RECORDS LAW, I'M SORRY, THE SUNSHINE LAW IS THAT WE CAN'T HAVE THE MEETINGS IN A PLACE THAT'S NOT GENERALLY ACCESSIBLE TO THE PUBLIC.
THERE ARE A COUPLE OF INSTANCES WHERE ELECTED BODY TOOK A FIELD TRIP TO A I THINK IT WAS A SEWER TREATMENT PLANT SEVERAL COUNTIES AWAY.
AND IN RETROSPECT, THE COURT SAID THAT THAT WAS AN IMPERMISSIBLE MEETING BECAUSE THE GENERAL PUBLIC DIDN'T HAVE ACCESS TO THAT SITE OR THE ABILITY TO GET TO THAT SITE WITHIN REASON.
AND SO THERE ARE SOME REQUIREMENTS LIKE THAT.
THOSE TYPES OF MEETINGS ARE DISCOURAGED.
OBVIOUSLY, WE TRY AND AVOID THAT AS BEST AS POSSIBLE BY TRYING TO HAVE OUR MEETINGS HERE OR IN SOME OTHER CITY FACILITY THAT HAS BEEN PROPERLY NOTICED AND IS ACCESSIBLE.
THERE ARE SOME EXEMPTIONS TO THE SUNSHINE LAW.
CERTAIN TYPES OF MEETINGS, SECURITY SYSTEM MEETINGS, YOU KNOW, THERE'S SOME CASE LAW OUT THERE THAT AS WELL AS SOME SPECIFIC STATUTORY EXEMPTIONS THAT RELATE TO THESE ISSUES.
PENDING LITIGATION, WE'VE HAD WHAT WE COMMONLY REFER TO AS SHADE MEETINGS.
WE'VE ALSO VERY RECENTLY HAD A NUMBER OF THREE VERY RISK MANAGEMENT AND LABOR NEGOTIATIONS.
NUMBER FOUR, THE COLLECTIVE BARGAINING, WE HAD ONE FAIRLY RECENT.
AND THERE ARE ALSO CERTAIN TYPES OF MEETINGS THAT ARE INVOLVED IN THE PROCUREMENT PROCESS THAT ARE EXEMPT AND THAT OBVIOUSLY FROM FROM A STAFF PERSPECTIVE, ARE ADMINISTERED AT THE AT THAT LEVEL AND DON'T NECESSARILY INVOLVE THE COMMISSION.
HOWEVER, IF YOU WANT ANY ADDITIONAL INFORMATION REGARDING ANY OF THESE EXEMPTIONS THAT TRADITIONALLY DO NOT INVOLVE THE ELECTED BODY, CERTAINLY FEEL FREE TO GIVE ME A CALL AND REACH OUT TO ME.
ONE OF THE AS I MENTIONED AT THE BEGINNING OF THIS CONVERSATION, ONE OF THE BIGGEST ISSUES THAT WE HAVE AND WE AGAIN TALKED ABOUT IT WHERE THROUGH THE PREVALENCE OF SOCIAL MEDIA OR FOR THAT MATTER, WHAT I WOULD CALL THE UBIQUITOUS REPLY ALL BUTTON IS WHERE GENERALLY WE END UP IN IN SITUATIONS WHERE I SOMETIMES GET INVOLVED AND HAVE TO REMIND THE COMMISSIONER AS WELL AS MEMBERS OF THE PUBLIC, YOU KNOW, HEY, DON'T DO THIS, STAFF DON'T DO THIS.
THIS POTENTIALLY CONSTITUTES A VIOLATION.
I CAN TELL YOU THAT I TRY AND AVOID IT BY BLIND COPYING YOU ALL.
SO IF YOU WERE TO INADVERTENTLY HIT REPLY, ALL, IT'S NOT GOING TO GO TO EVERYONE.
PART OF THE PROBLEM THAT I'VE SEEN THAT MAY BE CONDUCIVE TO THAT TYPE OF SITUATION IS SOMETIMES MUNICIPALITIES WILL CREATE A SUB ADDRESS GROUP LIKE COUNCIL OR COMMISSION.
AND YOU MAY NOT BE AWARE THAT IF THAT'S IN THE REPLY, ALL THAT MEANS IT'S GOING TO GO TO ALL OF THE ELECTED OFFICIALS.
SO AGAIN, TO THE EXTENT THAT YOU FEEL THAT IT IS.
UM, THAT YOU WANT TO COMMUNICATE TO AS BROAD A GROUP AS POSSIBLE, BUT STILL COMPLY WITH
[02:40:01]
THE SUNSHINE BEFORE HITTING THAT REPLY ALL.PLEASE MAKE SURE THAT THE GROUPING OF WHO YOU ARE RESPONDING TO DOES NOT INCLUDE SUCH A CATEGORY OR MEMBERS OF THE OF THE COMMISSION WHO MAY HAVE INDIVIDUALLY BEEN LISTED IN THE ORIGINAL EMAIL.
BECAUSE AGAIN, ONCE YOU SEND THAT OUT AND YOU START GETTING OTHERS HITTING REPLY, ALL YOU DO RUN INTO A SITUATION WHERE POTENTIALLY YOU'RE HAVING COMMUNICATIONS THAT VIOLATE THE SUNSHINE.
THERE ARE VIOLATIONS OR PENALTIES.
I'M SORRY FOR THOSE TYPES OF VIOLATIONS.
THERE'S A VERY NARROW AND CASE BY CASE BASIS, WHERE SOME TYPES OF SUNSHINE VIOLATIONS CAN BE CURED BY A SUBSEQUENT PUBLIC MEETING.
BUT THOSE ARE VERY NARROW AND AND VERY INFREQUENTLY AND FRANKLY IN THE EYES OF THE BEHOLDER AND IN THIS CASE, THE BEHOLDER, PRIMARILY BEING THE STATE ATTORNEY'S OFFICE.
SO THERE IS AGAIN, MUCH LIKE I SAID WITH REGARD TO, I THINK IN THE CONTEXT OF MAINTAINING PUBLIC RECORDS, THE SUNSHINE LAW, THERE IS A BOTH AN ADMINISTRATIVE AS WELL AS A CRIMINAL VIOLATION WHERE THE THE STATE ATTORNEY'S OFFICE CAN SEEK TO RECOVER PENALTIES, FINANCIAL PENALTIES AGAINST MEMBERS OF THE OF THE CITY WHO VIOLATE THE SUNSHINE LAW.
AND THEN IF IT'S A KNOWING VIOLATION.
I DO KNOW OF A NUMBER OF OCCASIONS WHERE STATE ATTORNEY'S OFFICE ACROSS THE STATE HAVE SOUGHT CRIMINAL PENALTIES AGAINST ELECTED AND APPOINTED OFFICIALS FOR VIOLATING THE SUNSHINE LAW.
ANY QUESTIONS? COMMISSIONER BOLTON.
SO BY PRESENTING THIS INFORMATION.
ARE YOU SAYING THAT NOW WE KNOW WHAT SUNSHINE LAW IS AND WE KNOW THE INTENDED CONSEQUENCES? I WOULD.
I BELIEVE THAT EACH AND EVERY ONE OF YOU ARE AWARE OF OF THE SUNSHINE LAW.
YOU'RE ALSO AWARE OF THE PUBLIC RECORDS LAW.
YOU ALL REQUIRED TO GO THROUGH ANNUAL ETHICS TRAINING AS A REQUIREMENT OF STATE LAW.
YOU ARE REQUIRED TO WHEN YOU TAKE THAT TRAINING TO CERTIFY THAT YOU'VE GONE THROUGH IT AND THAT YOU UNDERSTAND THE MATERIALS THAT WERE PRESENTED TO YOU.
I HAVING BEEN A PARTICIPANT AND ATTENDED A NUMBER OF THOSE TYPES OF PRESENTATIONS, I DO KNOW THAT WHAT I JUST COVERED IS ALSO COVERED IN THOSE ETHICS TRAININGS THAT YOU'RE REQUIRED TO GO THROUGH.
SO, YOU KNOW, AT THE AT THE END OF THE DAY, BOTH THE CASE LAW, AS WELL AS THE WAY THE STATUTE IS INTERPRETED BY THE COURTS, IT IS UP TO EACH ONE OF YOU TO UNDERSTAND WHAT ARE THE REQUIREMENTS OF THE SUNSHINE LAW AND TO COMPLY WITH THEM.
IF THERE IS ANY DOUBT OR ANY QUESTION IN ANY OF YOUR MINDS, PLEASE GIVE ME A CALL.
THAT IS WHAT I'M HERE FOR IS TO HELP YOU MAKE SURE THAT WE COMPLY WITH THESE RULES.
THIS ONE IN THE PUBLIC RECORDS LAW BEING THE TWO PRIMARY STATUTES THAT GET ELECTED OFFICIALS IN MY EXPERIENCE INTO DIFFICULTY.
SO IF THERE'S ANY QUESTION, PLEASE REACH OUT TO ME AND THAT'S WHAT I AGAIN I'M HERE FOR IS TO HELP EACH AND EVERY ONE OF YOU UNDERSTAND WHAT IT IS AND AND WHAT THE POTENTIAL PENALTIES ARE FOR NONCOMPLIANCE.
YOU STATED THAT YOU ENCOURAGE BEST PRACTICES AND YOU ACTUALLY PRACTICE THESE AS WELL BY NOT REPLYING ALL AND NOT DOING YOU KNOW, GROUP EMAILS OR DISTRIBUTION LISTS AND THAT SORT OF STUFF, IS THAT WHAT YOU? I TRY AS BEST AS POSSIBLE NOT TO COMPLY WITH THESE BECAUSE ONE OF THE ONE OF THE.
WHILE KEEPING IN MIND THAT THE SUNSHINE LAW APPLIES TO THE THE EITHER THE ELECTED IN THE BODIES OF THE BOARDS AND THE COMMISSIONS, THERE IS A PROVISION WITHIN THIS STATUTE THAT SAYS THAT YOU CANNOT USE THIRD PARTIES TO CIRCUMVENT.
SO I ALWAYS TRY TO MAKE SURE THAT I AM AND COMMUNICATING WITH YOU ALL INDIVIDUALLY AND NOT HITTING REPLY ALL.
CAN'T SAY THAT THAT THAT SOMEONE HASN'T BROUGHT IT TO MY ATTENTION THAT I
[02:45:02]
INADVERTENTLY.NOT NECESSARILY HERE, BUT IN OTHER PLACES OVER THE YEARS, YOU KNOW, HAVEN'T NECESSARILY DONE IT THE WAY THAT I'M SAYING.
AND WHENEVER THAT HAPPENS, I TRY TO NOT I TRY IMMEDIATELY AND TRY AND RECALL THE COMMUNICATION AND CORRECT IT AND INFORM EACH ELECTED OFFICIAL, HEY, PLEASE DELETE THIS.
IT WAS AN INAPPROPRIATE IN THE COMMUNICATION.
THAT'S, YOU KNOW, IF THERE AGAIN, IF THERE'S ANY DOUBT, ONE OF THE BEST PRACTICES IS IF YOU'RE BECOME AWARE THAT SOMETHING IS IN FACT POTENTIALLY A VIOLATION OF SUNSHINE IS TO DELETE THE MESSAGES AS SOON AS AND OR, YOU KNOW, HIT REPLY OR FORWARDED ON TO THE CLERK OR MYSELF, SO IT'S MAINTAINED AS A PUBLIC RECORD, BUT THEN DELETE IT ON YOUR COMPUTER.
MS. GUNN YOU YOU ENCOURAGE STAFF MEMBERS TO LEARN THE SUNSHINE LAW ON BOARDING.
IS THIS A REQUIREMENT FOR ALL STAFF MEMBERS, INCLUDING YOURSELF? I BELIEVE IT IS.
IS IT OR IS IT NOT? WELL, I LORENZO'S ON MAYBE YOU CAN SPEAK TO ORIENTATION.
I BELIEVE IT'S PART OF THE ORIENTATION [INAUDIBLE] AS THE CITY MANAGER, DO YOU REQUIRE YOUR STAFF TO UNDERSTAND SUNSHINE LAW? AND DO YOU UNDERSTAND THAT YOURSELF? I DO.
AND DO YOU REQUIRE IT FOR ALL STAFF MEMBERS? YES, LORENZO, CAN YOU SPEAK TO EMPLOYEE ORIENTATION AND IF THIS IS PROVIDED, THEN? I DO NOT NEED LORENZO'S INPUT, LORENZO, BUT THANK YOU SO MUCH.
ON SEVERAL OCCASIONS YOU ATTEMPT TO INCLUDE THE CITY COMMISSION IN GROUP TEXT MESSAGES, AND I HAVE TO CONSTANTLY TELL YOU DO NOT INCLUDE ME IN SUCH COMMUNICATION BECAUSE WHILE I CAN GOVERN MYSELF, I CANNOT GOVERN MY COLLEAGUES AND I CANNOT GET IN TROUBLE BECAUSE OF MY COLLEAGUE'S IGNORANCE.
AND YOU REPEATEDLY DO IT EVEN THOUGH I TELL YOU NOT TO DO IT.
SO JUST THAT WE'RE CLEAR AND I'M SAYING THIS ON THE RECORD, I DO NOT WANT TO BE INCLUDED IN GROUP MESSAGES, WHETHER EMAILS OR TEXT MESSAGES.
YOU DO UNDERSTAND THAT AND YOU DO UNDERSTAND THE CONSEQUENCES THAT THAT IS BEING EXPLAINED.
I WILL NO LONGER INCLUDE YOU IN INFORMATIONAL THINGS THAT I PROVIDE TO THE COMMISSION VIA EMAIL AND TEXT.
YES, I UNDERSTAND AND PERHAPS HIS BEST PRACTICES NOT TO DO IT FOR THE ENTIRE COMMISSION BECAUSE CONTRARY TO POPULAR BELIEF, I DO I DO CARE ABOUT MY COLLEAGUES AND SO YOU PUTTING EVERYBODY IN A GROUP SETTING IS AN ILLEGAL MEETING, AND ONE MAY START ADDRESSING ISSUES THAT WILL FORCIBLY COME BEFORE THE COMMISSION.
SO IN AN ABUNDANCE OF CAUTION, I'M SUGGESTING THAT YOU DO NOT JUST DO IT FOR ME, BUT YOU DO NOT DO IT FOR THE ENTIRE COMMISSION.
BECAUSE IF ONE OF US FALLS, THEN ALL OF US SEEM TO FALL.
WHEN, FOR INSTANCE, IN THE HOA CALLS A MEETING, AND THE MEMBER OF A MEMBER OF THE COMMISSION IS GOING AND ANOTHER MEMBER OF THE COMMISSION IS GOING, DO WE PUBLICLY NOTICE THAT MEETING? IF WE'RE IN SOME INSTANCES, IF IF STAFF IS AWARE OF IT.
YES, I KNOW I'VE HAD THAT COMMUNICATION WITH THE CLERK WHERE THE NOTICE OF A ANOTHER BODY OR EVEN A THIRD SAYS THAT, YOU KNOW, TWO OR MORE COMMISSIONERS MAY ATTEND THIS MEETING AND WE POST IT AS A PUBLIC MEETING SAYING THAT THE PEOPLE, THE MEMBERS OF THE PUBLIC ARE INVITED TO ATTEND BECAUSE ONE OR MORE OF YOU ALSO MAY ATTEND.
OK, SO VIOLATING THE SUNSHINE LAW WOULD BE IF TWO MEMBERS OF THE COMMISSION
[02:50:10]
DISCUSS WITH EACH OTHER SOMETHING THAT FORCIBLY COME BEFORE THE COMMISSION IS NOT A VIOLATION OF TWO PEOPLE ARE IN THE ROOM AND NOT DISCUSSING THE ISSUE OR ONLY IN YOUR IN YOUR IN YOUR FIRST EXAMPLE AND YOUR SECOND EXAMPLE.TWO OF YOU BEING IN THE SAME ROOM BUT NOT COMMUNICATING.
SO IT WOULD BE PERFECTLY LEGAL FOR ME TO REMAIN IN A MEETING IN MY DISTRICT.
WITH ANOTHER MEMBER OF THIS COMMISSION, INCLUDING THE MAYOR.
I COULD REMAIN IN THAT MEETING, AND I'M NOT VIOLATING THE SUNSHINE LAW SO LONG AS I'M NOT COMMUNICATING.
SO JUST BY WAY OF REAL EXAMPLE.
A MEETING WAS HELD IN MY DISTRICT.
THE MAYOR AND I ATTENDED THAT MEETING.
I ADDRESSED MY CONSTITUENTS, THE RESIDENTS.
AND THE MAYOR ASSERTED, OH, NOW, COMMISSIONER BOLTON, YOU HAVE TO LEAVE BECAUSE IT WOULD BE A VIOLATION OF SUNSHINE LAW IF YOU STAYED.
BECAUSE I DID NOT WANT TO ARGUE WITH THE MAYOR IN FRONT OF MY RESIDENCE.
I KINDLY LEFT THE MEETING IN MY DISTRICT.
BUT IT SEEMS LIKE PERHAPS AFTER 10 YEARS, THE MAYOR STILL DOES NOT UNDERSTAND SUNSHINE LAW, OR PERHAPS THE COMMISSIONER HAS NOT GIVEN YOU THE FULL PICTURE OF THE CONVERSATION AND ANYTHING THAT HAPPENED THERE.
OK, SO I'M SURE THAT IN YOUR CONDESCENDING WAY, YOU'LL NOT WANT TO EXPLAIN.
BUT IF YOU WOULD INDULGE ME TO EXPLAIN WHAT IS DIFFERENT FROM WHAT I'M EXPLAINING NOW TO WHAT HAPPENED? CERTAINLY, EVEN THOUGH I DON'T REALLY KNOW IF THIS IS THE PLACE AS I LOOK OVER IT, WE'RE TALKING ABOUT SUNSHINE LAW AND YOU WILL NOT BE VICE MAYOR GELIN.
IT'S ACTUALLY A HOMEOWNERS ASSOCIATION MEETING IS NOT EXACTLY IS NOT CONSIDERED PUBLIC BECAUSE WE CANNOT BRING THE PUBLIC IN THERE IN MY UNDERSTANDING OF THE RULES AND AS WE HAVE FOLLOWED IN THE PAST, IT CAN BE NOTICED EITHER BEFORE OR AFTER, WITHIN TEN DAYS OF A MEETING AND IT WAS NOTICED.
HOWEVER, WE'RE NOT TAKING MINUTES.
SO IF A RESIDENT IS SAYING THINGS TO THE COMMISSIONER AND THE COMMISSIONER IS RESPONDING AND THEN WHAT? MY OPINION? IF I SAY MY OPINION WITH THE COMMISSIONER THERE OR ANY OTHER COMMISSIONER THERE, THEN I AM RESPONDING TO SOMETHING THAT IS POTENTIALLY GOING FOR A VOTE.
I KNOW WE'LL POTENTIALLY COME AS A TOPIC TO THE CITY.
I CANNOT RESPOND BECAUSE OF THE OTHER COMMISSIONER'S PRESENCE.
SO THAT'S WHAT HAPPENED AT THIS MEETING.
I WAS ASKED FOR MY OPINION ON A TOPIC.
IF YOU WANT TO KNOW THE TOPIC, IT WAS DEALING WITH PARKS, WHETHER MAYLANDS PARK WAS GOING TO BE MODIFIED OR NOT.
THERE WAS ALSO A QUESTION AND A COMMENT OR TWO ABOUT WOODLANDS IN A COUPLE OF OTHER QUESTIONS IN TRAFFIC CALMING THAT COULD COME BEFORE THE CITY AND A BUDGET ITEM.
SO THEREFORE, BECAUSE MY RESPONSE WAS REQUESTED AND I KNEW THE COMMISSIONER ALREADY MADE HIS COMMENTS TO AVOID ANY LOOK OF IMPROPRIETY, AND WE HAD SET THE STAGE BEFOREHAND THAT THIS WOULD HAPPEN.
COMMISSIONER BOLTON WAS ASKED TO NOT BE THERE WHILE I SPOKE, SO HE DID LEAVE, SO I DID ASK FOR THAT.
SO THIS WAY THERE'S NO VIOLATION OF SUNSHINE LAW BECAUSE WE'RE NOT IN THE ROOM AT THE SAME TIME.
AND HE IS NOT PRIVY TO MY COMMENTS AND CONVERSATIONS REGARDING IT.
AND I AM NOT PUTTING YOU IN A POSITION WHERE IT IS A VIOLATION.
SO THAT IS EXACTLY WHAT HAPPENED.
BUT HOWEVER, THE THE MAYOR AND I, WE WEREN'T COMMUNICATING MEMBER OF THE PUBLIC ASKED ME MY OPINION.
A MEMBER OF THE PUBLIC ASKED MAYOR HER OPINION.
SHE WAS, SHE RESPONDS, WE'RE NOT COMMUNICATING.
AND THAT'S AND THAT'S A SCENARIO THAT THE THE SITUATION THAT YOU ALL BOTH DESCRIBE.
THAT'S, YOU KNOW, BEST PRACTICE WAY TO DEAL WITH IT.
THE OTHER BEST PRACTICE IS FOR.
SO YOU'RE SEEING ONE HOLD ON A SECOND, LET'S LET'S DEAL WITH ONE THING AT A TIME.
SO YOU'RE SAYING THAT WHEN I RESPONDED TO THE RESIDENT AND NOT ENGAGING THE MAYOR, THAT WAS OK AND IT WOULD HAVE BEEN OK IF THE MAYOR RESPONDED TO THE RESIDENT AND NOT ENGAGE ME.
THAT'S WHAT KNOW IF YOU'RE BOTH IN THE ROOM AND YOU BOTH SPEAK ON A TOPIC THAT
[02:55:03]
IS LIKELY TO COME BEFORE YOU AND WE'RE NOT COMMUNICATING WELL, BUT YOU'RE THERE LISTENING.AND THEREFORE, THAT'S THE SITUATION WHERE EITHER THE BEST PRACTICES ONE OF YOU WOULD BE DISCUSSING BEST PRACTICES.
WE'RE DISCUSSING LEGAL OR ILLEGAL LEGAL, BEST PRACTICES.
SO EITHER ONE OF YOU LEAVE OR THE OTHER ONE, SAY MR. SMITH, MRS. SMITH, I'M SORRY, I CAN'T ANSWER YOUR QUESTION BECAUSE ANOTHER COMMISSIONER IS PRESENT AND I, YOU KNOW, PLEASE FEEL FREE TO CONTACT ME OUTSIDE OF THIS MEETING FOR MY ANSWER.
SO ARE YOU SAYING IT IS LEGAL OR ILLEGAL FOR ME? TO LAURA AS A RESIDENT, LAURA ASKED ME, COMMISSIONER BOLTON, WHAT DO YOU THINK ABOUT TRAFFIC ON COMMERCIAL BOULEVARD? I RESPOND TO LAURA, THAT'S IT.
LAURA, THEN ASK THE MAYOR, MAYOR, WHAT DO YOU THINK ABOUT TRAFFIC ON COMMERCIAL BOULEVARD? THE MAYOR NOW ANSWERS LAURA, THE RESIDENT.
IS THAT ILLEGAL OR ILLEGAL? WE'RE IN THE SAME ROOM.
THAT IS THAT WOULD BE ILLEGAL.
THAT THAT WOULD EITHER EITHER ONE OF YOU NEEDS TO LEAVE OR YOU NEED TO INSTRUCT WHOEVER THE SPEAKER IS NOT TO ENGAGE OR BE A GO BETWEEN IN WHAT MIGHT BE POTENTIALLY A SUNSHINE LAW VIOLATION.
AND MAYOR, YOU UNDERSTOOD THAT TO BE ILLEGAL.
BUT THIS IS WHY YOU YOU ASKED ME TO LEAVE.
OK, LEAVE IT OR NOT, COMMISSIONER.
I WAS TRYING TO MAKE SURE THAT YOU DID NOT HAVE ANY ISSUES, AND NEITHER DID I.
SO THAT'S WHY I HAD ASKED FOR YOU TO LEAVE.
SO NOW WE APOLOGIZE FOR THE FACT THAT I WAS TRYING TO PROTECT YOU VERSUS DOING SOMETHING WRONG.
MAYOR, LET'S LET'S LET'S NOT GO THERE.
IF YOU UNDERSTAND SO PERFECTLY, IF YOU UNDERSTOOD SO PERFECTLY THE SUNSHINE LAW AND THAT IT WOULD BE ILLEGAL, THEN WHY DID YOU STAY IN THE ROOM WHEN I WAS MAKING MY PRESENTATION? YOU LITERALLY SAT THERE THROUGH THE ENTIRE THING.
SO IF IT'S ILLEGAL AND YOU JUST SAID THAT YOU WERE PROTECTING ME, WHY IS IT THAT YOU SAT THERE? LISTEN TO MY ENTIRE COMMENTARY TO LAURA, THE RESIDENT, AND DID NOT RECUSE YOURSELF.
YOU LISTEN TO MY COMMENTARY, RIGHT? BECAUSE THAT WOULD BE ILLEGAL, RIGHT? ATTORNEY, SHE DID NOT LEAVE THE ROOM.
I SPOKE TO THE I SPOKE TO THE RESIDENT AND SHE SHE LISTENED PERFECTLY, RIGHT? AND THEN WHEN AND SO NOW WHEN IT'S TIME TO DO THE SAME THING FOR ME TO SIT BACK AND JUST LISTEN PERFECTLY.
GUESS WHAT HAPPENED? SHE TELLS ME TO LEAVE THE ROOM.
SO NOW DO YOU WANT TO CHANGE YOUR DANCE AGAIN? OR DO YOU WANT TO TELL HER THAT THAT SHE WAS IN ERROR OF THE LAW? THAT THAT IS AN INHERENT PROBLEM WITH THE THE SUNSHINE LAW? AND FRANKLY, IT'S A SITUATION THAT SUNSHINE LAWS INTENDED TO DISCOURAGE THAT ABSENT OF PROPER NOTICE.
THERE IS THE BEST PRACTICES FOR BOARD AND AND GUESS I UNDERSTAND WE I DEFINITELY UNDERSTAND.
MY POINT OF CONTENTION IS THAT IF THE MAYOR CAN LISTEN TO ME, TALK TO LAURA AND SIT THERE WITHOUT RECUSING HERSELF AND LEAVING THE ROOM, THEN SHE CANNOT TELL ME THAT I CANNOT SIT THERE AND LISTEN TO LAURA, TALK TO HER BECAUSE SHE DID NOT LEAVE THE ROOM.
SO, SO SO IF YOU ARE, IF YOU ARE SAYING LEGAL, BEST PRACTICE IS THAT MAYOR DOES NOT LISTEN TO ME OR I DON'T LISTEN TO THE MAYOR, THEN YOU NEED TO TELL US WHAT YOUR DANCE IS BY SAYING COMMISSIONER BOLTON.
THE NEXT TIME YOU GUYS ARE IN A MEETING, PLEASE MAYOR, LEAVE WHEN COMMISSIONER BOLTON IS SPEAKING AND COMMISSIONER BOLTON LEAVE WHEN THE MAYOR IS SPEAKING.
BUT YOU CAN'T TELL ME THAT THE MAYOR CAN SIT THERE AND LISTEN TO MY COMMENTARY, BUT I CAN'T SIT THERE TO LISTEN TO THE MAYOR'S COMMENTARY.
SO RIGHT NOW, YOU'RE GOING TO HAVE TO CHOOSE TO BE THE COMMISSION'S ATTORNEY OR THE MAYOR'S ATTORNEY.
SO TELL ME WHAT YOUR DANCE IS NOW.
I WILL TELL YOU THAT UNDER THE THE SUNSHINE LAW DOESN'T MATTER WHO'S WHO IT IS, THE PERSON THAT GOES FIRST PUTS THE SECOND ONE IN THAT POSITION OF HAVING TO SAY EITHER REFRAINING FROM TALKING OR ASKING THE FIRST ONE CAN YOU PLEASE LEAVE?
[03:00:06]
IT DOES.CAN I? CAN YOU PLEASE LEAVE? DOESN'T MEAN THAT YOU HAVE TO IF YOU DON'T LEAVE.
ON THE CONTRARY, SECOND PERSON SHOULD NOT BE SPEAKING, ON THE CONTRARY, ATTORNEY.
OUR PREVIOUS ATTORNEY OPINED THAT BECAUSE I STARTED THE CONVERSATION EVEN ON NEXT DOOR FACEBOOK, BECAUSE I START THE CONVERSATION, IT IS INCUMBENT UPON THE SECOND PERSON THAT COMMENTS NOT TO COMMENT OR ENGAGE IN THE CONVERSATION, BECAUSE THAT'S MY CONVERSATION.
WOULDN'T YOU OPINE THE SAME THING? AND I'VE NOT SAID ANYTHING DIFFERENT THAN.
IT IS INCUMBENT NOW UPON THE MAYOR TO LEAVE AND NOT ASK ME TO LEAVE IN MY OWN MEETING OR REFRAIN FROM OR REFRAIN FROM SPEAKING.
THAT WOULD BE THE BEST PART, YES.
SHE DID NOT REFRAIN FROM SPEAKING, AND SHE DID NOT LEAVE THE MEETING.
IT CANNOT BE THAT SHE'S RIGHT INTO TWO SCENARIOS.
THERE WAS NO OBLIGATION ON YOUR BEHALF TO LEAVE.
AND OH, BUT YOU TOLD ME THAT IT'S BEST LEGAL PRACTICES TO LEAVE.
BUT BUT I SAID ATTORNEY, SURE.
BUT I THINK I HOLD ON A MINUTE.
BUT BUT I SAID THAT I EXPLAINED TO THE MAYOR THAT I DID NOT HAVE TO LEAVE THE MEETING.
YOU JUST OPINED THAT IT'S THAT I DIDN'T HAVE TO LEAVE THE MEETING.
YOU DON'T HAVE TO LEAVE THE MEETING.
SO EVERYONE'S CLEAR I AM NOT CHANGING MY OPINION AS BEING SUGGESTED, EITHER THE EITHER.
IT'S A PROPERLY NOTICED MEETING.
MINUTES ARE KEPT PUBLIC IS ALLOWED TO ATTEND.
THERE'S NO SUNSHINE VIOLATION.
IF YOU FIND YOURSELF IN THE SITUATION THAT YOU JUST DESCRIBED, THE BEST LEGAL PRACTICES ARE ONE FOR ONE OF TWO THINGS TO OCCUR EQUALLY.
THE SECOND PERSON REFRAIN FROM SPEAKING BECAUSE YOU DON'T HAVE TO LEAVE THE MEETING.
OR YOU CAN AGREE TO LEAVE THE MEETING AND NOT HEAR WHAT THE SECOND SPEAKER IS SAYING IN THAT SITUATION, TO YOUR POINT.
THE SECOND SPEAKER WOULD HAVE HAD THE BENEFIT OF LISTENING TO WHAT YOUR COMMENTS WERE.
IF YOU CHOOSE NOT TO LEAVE, THEN THE SECOND PERSON CANNOT RESPOND TO THE TO THE PUBLIC'S QUESTIONS.
AND SO AND SO THEN, ATTORNEY, WOULD IT BE WOULD IT BE BEST PRACTICES THAT THE WOULD HAVE BEEN BEST PRACTICE FOR THE MAYOR TO LEAVE THE ROOM? WHAT I PRESENTED COME BACK.
I LEAVE THE ROOM WHEN SHE'S PRESENTING, WHEN SHE'S DONE, I COME BACK.
WOULD THAT HAVE BEEN A FAIR WAY TO DO THINGS? YES, IT WOULD HAVE BEEN TO USE YOUR CHARACTERIZATION IN A FAIR WAY.
SO IT JUST IT JUST GOES TO SHOW THAT SOMEBODY WHO UNDERSTANDS THE PROCESS, CHOSE NOT TO BE FAIR.
AND THIS IS THE CITY AND THIS IS THE WORLD WE LIVE IN.
SO FOR THOSE WHO THINK THAT ONE MEMBER OF THE COMMISSION WOULD BE DISRESPECTING THE OTHER AND STANDING AGAINST DISRESPECT.
THIS IS A CLASSIC EXAMPLE OF DISRESPECT AND THOSE WHO STAND FOR DISRESPECT OR LACK THEREOF.
NOW HEAR HOW DISRESPECTFUL ANOTHER MEMBER OF THIS COMMISSION IS TO ANOTHER PERSON.
THEN YOU CHOOSE HOW YOU WANT YOUR 2022 TO TURN OUT.
ARE YOU DONE? I STOPPED TALKING.
THEN ALSO PART OF THE CHARACTER ASSASSINATION, WHICH WAS INCOMPLETE ABOUT THE EVENT, WAS THAT I WAS INVITED BY THE PRESIDENT AND THE BOARD TO ATTEND.
I WAS ASKED TO LISTEN AND I PRESENTED TO THE COMMISSIONER AND TO THE PUBLIC WHAT WOULD HAPPEN IN THE MEETING.
AND I SAID I WOULD KEEP QUIET.
HOWEVER, AT THE MEETING, AFTER CERTAIN THINGS WERE BROUGHT UP, I WAS ASKED SPECIFICALLY IF I WOULD STAY AND ASK ANSWER SOME QUESTIONS, AND AS SUCH, I STAYED AND ANSWER SOME QUESTIONS.
SO IN THE BEGINNING, I DID NOT THINK I WOULD NEED TO HAVE TO LEAVE BECAUSE I WASN'T GOING TO BE COMMENTING.
WHEN AFTER WITH THINGS CHANGE, I HAD TO.
SO NOW IN THE WORLD OF UNDERSTANDING THAT THINGS CHANGE IN THE FUTURE BECAUSE, YOU KNOW, SOMETIMES NOT ALL COMMISSION MEETINGS OR COMMUNITY MEETINGS WHICH ARE NOT PUBLIC.
DO WE HAVE PEOPLE MORE THAN ONE PERSON GOING TO A MEETING? SO IN THE FUTURE, IF I'M INVITED TO A MEETING WITH ANOTHER COMMISSIONER, THEN WE WILL HANDLE IT DIFFERENTLY.
BUT IN THIS WAY, WE HANDLED IT THE BEST WAY WE COULD IN THE WAY IT
[03:05:02]
WAS PRESENTED WHEN THE MEETING FIRST OCCURRED, AND AS I SAID, I WAS NOT ASKED THERE.I WAS ASKED THERE BY THE PRESIDENT AND THE COMMUNITY TO ATTEND.
SO ON THAT NOTE, I HAVE A QUESTION FOR THE CITY ATTORNEY, CITY ATTORNEY, IF YOU ARE NOT RECOGNIZED, IF I HAVE PREROGATIVE TO ASK ATTORNEY A QUESTION AT ANY TIME DURING THE MEETING POINT OF CLARIFICATION, WHICH DOES NOT INCLUDE YOUR OPINION, POINT OF CLARIFICATION.
ATTORNEY IF THE MEETING WAS PUBLICLY NOTICED.
THEN WOULD WITH THIS ISSUE STILL REMAIN SO, SO IF YOU'RE GOING TO MEETINGS, WE PUBLICLY NOTICE IT.
DOES THAT TAKE CARE OF THE ISSUE OF SUNSHINE LAW? IF IT'S IF IT'S PUBLICLY NOTICED THE GENERAL PUBLIC IS ALLOWED TO ATTEND AND MINUTES OF THE MEETING ARE KEPT? NO PROBLEM.
OK, SO ONE OF THE BEST PRACTICES THAT WE CAN FOLLOW IS PUBLICLY NOTICED NOTICING MEETINGS AND MAKE SURE THAT MINUTES ARE BEING KEPT.
AND THE GENERAL PUBLIC IS ALLOWED TO ATTEND AND THE GENERAL PUBLIC IS ALLOWED TO ATTEND.
SO BASICALLY ON THAT LINE OF QUESTIONING, SO TO SPEAK.
CITY ATTORNEY, THIS MEETING WAS PUBLICLY NOTICED, BUT GENERAL PUBLIC IS NOT ALLOWED TO ATTEND A PRIVATE COMMUNITIES ASSOCIATION MEETING AND THE MINUTES.
SO WHO HAS TO TAKE THE MINUTES? WOULD IT BE THE COMMISSIONER OR MYSELF? OR ARE THE MINUTES ALLOWABLE OF THE PRIVATE ASSOCIATION TO BE SUFFICIENT.
IF THE MINUTES OF THE MEETING ARE PROVIDED TO THE CITY FOR RECORD KEEPING? THEY WOULD MEET THE REQUIREMENTS OF BEING MINUTES OF THE MEETING, BUT IF IT'S A PRIVATE COMMUNITY, IF IT'S PRIVATE TO THE COMMUNITY AND THEY DON'T THEN KNOW YOU HAVE AN ISSUE.
WHICH GOES TO DOING WHATEVER YOU CAN TO KEEP SO THINGS FROM HAPPENING.
SO WE'RE ALL VERY CLEAR, THIS IS THIS IS WHAT I WOULD CALL A NON-NEGOTIABLE ISSUE, AN ORDER FOR A MEETING TO COMPLY WITH THE SUNSHINE LAW.
THE GENERAL PUBLIC MUST BE GIVEN THE RIGHT TO ATTEND AND ACTUALLY SPEAK, AND MINUTES OF THE MEETING MUST BE KEPT.
SO I THINK THIS ONE HAS ALREADY BEEN DEALT WITH.
WHEN IT COMES TO THE TEXT THAT THE CITY MANAGER OR PIO HAS BEEN SENDING US OVER THE YEARS, THEY HAVE BEEN INFORMATIVE TO LET US KNOW THAT THERE'S A TRAFFIC ACCIDENT TO LET US KNOW THAT THERE'S BEEN A FIRE, TO LET US KNOW CERTAIN THINGS IN OUR COMMUNITIES VERY QUICKLY SO THAT WE ARE EDUCATED TO KNOW THAT THERE IS AN ISSUE.
IT IS NOT AN ITEM THAT IS GOING TO BE VOTED UPON.
WILL YOU CONFIRM THAT THESE ARE NOT AN ITEM THAT WILL BE VOTED ON? THESE ARE NOT AN ITEM OF SUNSHINE LAW.
AS LONG AS WE'RE JUST SAYING THANK YOU FOR THE INFORMATION AND PLEASE KEEP US POSTED.
HOPE THE PERSON IS FEELING BETTER.
THOSE ARE NOT VIOLATIONS TO BE EXPECTED TO BE AN ISSUE.
IS THAT CORRECT? IF THERE ARE GENERAL INFORMATIONAL ITEMS AND NOT ANTICIPATED TO COME BEFORE, YOU KNOW, BUT TO THE COMMISSIONER, BOLTON'S COMMENT, IF HE IS DOESN'T WANT TO BE INCLUDED IN ANY EMAIL, THEN YOU KNOW, I THINK THAT STAFF WILL WORK TO MAKE THAT HAPPEN AND THAT THAT THAT HE'S NOT RECEIVING ANY OF THOSE TYPES OF EMAILS THAT COULD POTENTIALLY LEAD TO AN INADVERTENT ISSUE WITH A SUNSHINE LAW.
AND I THINK HIS OBSERVATION IS THAT BETTER SAFE THAN SORRY BY JUST I.
YOU KNOW, IF YOU WANT TO SEND ME AN INFORMATIONAL ITEM, SEND IT TO EACH INDIVIDUAL COMMISSIONER AS OPPOSED TO IN A GROUP EMAIL.
UNDERSTOOD AND COMMISSIONER BOLTON DESIRE TO NOT BE ON A GROUP TEXT IS HIS DESIRE, AND THAT'S FINE.
THE CITY MANAGER SAID THAT SHE WOULD DO SO, BUT I JUST WANT TO MAKE SURE THAT IT'S CLEAR ON THE RECORD THAT THE CITY MANAGER HAS NOT BEEN DOING ANYTHING IN VIOLATION.
PIO HAS NOT BEEN DOING ANYTHING IN VIOLATION BY SENDING US NOTICES AND WARNINGS THAT THERE ARE SOME TRAFFIC ISSUES OR SOME UNFORTUNATE SITUATIONS THAT HAVE HAPPENED IN THIS CITY.
AND MAYOR YOU HAVE TO TRY AND ADDRESS ME.
YOU HAVE ADDRESSED ME BY NAME, SO I WOULD LIKE TO FOLLOW UP ON THAT.
YOU HAVE MENTIONED BOLTON WITH NO ADDRESS ME.
THE CITY ATTORNEY BROUGHT YOU IN BY YOUR PREFERENCE.
MY QUESTION WAS SIMPLY A STATEMENT ABOUT THE TEXTS ARE NOT A VIOLATION IN THE WAY THEY ARE.
THERE'S NO FURTHER DISCUSSION ON THAT MATTER.
I'M FINISHING MY CONVERSATION, MY COMMENT.
SO THE OTHER POINT OF POINT OF CLARIFICATION, THE BASIC I'M FINISHING, YOU'RE NOT A POINT OF CLARIFICATION TO MY CITY ATTORNEY, CITY ATTORNEY, IF THE RULES SHOULD BE ENFORCED.
IF IT IS CITY ATTORNEY THAT WE ARE ALL GATHERED IN A ROOM, WE'RE ALL GATHERED IN A ROOM TO DISCUSS SOMETHING THAT IS NOT PERTAINING TO A VOTE.
[03:10:01]
AND THEN ONE OF US JUST OPENS OUR MOUTH AND SAY, OH, WHAT HAPPENS TO THE WOODLANDS DEVELOPMENT OR ITEM OR WHAT HAPPENS TO WHAT HAPPENED EVER HAPPENED TO WOODMAN BECAUSE WE ARE IN A MEETING VIRTUAL OR IN PERSON? I'M SAYING THAT GROUPING US ALL TOGETHER.IT MAY BE SETTING US UP TO SAY SOMETHING THAT WE SHOULD NOT SAY IN THAT SETTING.
I'M NOT SAYING THAT THE CITY MANAGER HAS VIOLATED ANY CLARIFICATION.
I THINK THE POINT THAT WE'VE BEEN DISCUSSING AND THE WHOLE REASON FOR THE PRESENTATION IS TO REGULARLY INFORM ALL OF THE COMMISSIONERS ABOUT WHAT THE RULES ARE AND TO SOME DEGREE AND TO SOME INSTANCES, TO A LARGE DEGREE.
THERE IS A REQUIREMENT BY THE ELECTED OFFICIALS TO FOR LACK OF A BETTER DESCRIPTION POLICE THEMSELVES.
MAKE SURE THAT YOU ARE CONDUCTING YOURSELVES UNDER THE LAW AND WHEN IT.
AT LEAST FROM THE STANDPOINT OF ELECTRONIC COMMUNICATIONS, WHEN THAT FALLS BY THE WAYSIDE AND I'M AWARE OF IT, YOU'LL SEE THAT I IMMEDIATELY STEP IN AND SAY, PLEASE DO NOT USE THE REPLY ALL BUTTON AND AND IT TENDS TO BE A KNEE JERK REACTION.
ALL OF US HAVE TO MAKE SURE THAT WE'RE AWARE OF WHAT WE'RE DOING, BOTH IN PUBLIC MEETINGS.
TO THE COMMISSIONER POINT IS CERTAINLY AS WELL AS WITH EMAIL COMMUNICATIONS, WHICH TEND TO BE THE.
CITY ATTORNEY, I'M GOING TO BRING YOU THIS WAY WHERE THIS THIS THIS BECOMES AN ISSUE.
CITY ATTORNEY THE ISSUE AT HAND IS JUST SPECIFICALLY THE COMMENTS RIGHT NOW THAT I HAVE MADE REGARDING THE TEXT FOR THE CITY MANAGER AS FAR AS I'M CONCERNED.
THAT WAS WHERE IT WAS AND THAT'S WHERE IT WAS STAYING FOR THE REST OF THIS.
CAN I JUMP IN AT SOME POINT? YOU CAN LET ME KNOW WHEN.
SORRY WITH NOT SEEING ANYTHING LIT FOR YOU.
AND THEN AND THEN WE'LL GO VICE MAYOR VILLALOBOS.
AND THEN I HAD ONE LAST QUESTION, BUT I CAN WAIT TILL THE END ON THAT.
FIRST OF ALL, WE ALL HAVE MANDATORY ETHICS TRAINING EVERY YEAR.
SO IF YOU PAY ATTENTION AT ALL, YOU KNOW WHAT THE RULES ARE.
AS FAR AS THE CITY MANAGER, I HEARD OUR CITY ATTORNEY SAY WHEN HE SENDS SOMETHING OUT, HE DOES BLIND COPIES.
SO I WOULD ASSUME OUR CITY MANAGER WILL DO THE SAME THING SO WE DON'T GET INTO THAT SITUATION AS FAR AS HLA MEETINGS.
I HAVE BEEN ON BOTH SIDES OF THAT.
AND JUST MY OPINION, THE RESPECT GOES TO THE COMMISSIONER WHOSE DISTRICT IT IS.
I HAVE HAD A MEETING AND I HAVE SAID TO THE COMMISSIONER, WOULD YOU LIKE ME TO COME IN FIRST, SAY WHAT I NEED TO SAY BECAUSE THEY'VE ASKED ME TO SAY SOMETHING AND THEN LEAVE? OR WOULD YOU PREFER I WAIT.
SO THIS WAY, NOBODY PUTS THEMSELVES IN A POSITION OF BREAKING SUNSHINE LAW BECAUSE SOMETIMES RESIDENTS ASK QUESTIONS THAT YOU'RE NOT EXPECTING AND IT'S DIFFICULT.
SO THE COMMISSIONER WHOSE DISTRICT IT IS SHOULD HAVE THAT RESPECT IF HIS OR HER MEETING AND THEY GET TO CALL THE SHOTS.
AS FAR AS I'M CONCERNED, EVERYBODY'S INVITED.
IT'S NOT SAYING YOU CAN'T GO INTO OTHER COMMISSIONERS MEETINGS, BUT I JUST THINK WE HAVE TO LEARN TO RESPECT EACH OTHER.
VILLALOBOS, I LIKE THAT SAME RESPECT ON THE COMMISSION HALLWAYS.
WHAT I SAID THAT I WOULD LIKE THAT SAME RESPECT FOR MEMBERS OF THE COMMISSION AT THE COMMISSIONS IN THE COMMISSION'S HALLWAYS TO RESPECT THE SUNSHINE LAW.
SO EVERYTHING HAS BEEN HEARD, AND PEOPLE ALSO UNDERSTAND THAT NOT ALL THE TIME THE INVITATIONS TO CERTAIN MEETINGS ARE.
IT'S NOT ALWAYS A COMMISSIONERS MEETING, IT IS A COMMUNITIES MEETING AND THE COMMUNITY'S PRESIDENTS AND THEIR BOARDS HAVE THE RIGHT TO INVITE PEOPLE TO COME.
BUT AS WE'VE ALL BEATEN THIS DEAD HORSE, WE WILL TRY TO WORK THINGS OUT DIFFERENTLY
[03:15:01]
FOR THE FUTURE IF THERE IS ONE.SO CAN I SAY ONE MORE THING? I'M SO SORRY.
I THINK COMMISSIONER PLACKO THOUGHT I WAS DIRECTING THAT TO HER, AND I WAS AND I WAS JUST SPEAKING THAT IN GENERAL.
SO I DON'T WANT YOU TO THINK I WAS DIRECTING THAT TO YOU.
COMMISSIONER I PLACKO SO NOTED THE COMMENT ABOUT MAKING SURE VIOLATION OF THE SUNSHINE LAWS HAPPENS DOESN'T IT'S NOT JUST ON READING UNWRITTEN COMMUNICATIONS, BUT ALSO VERBAL.
ALL RIGHT, THANK YOU VERY MUCH.
MY NEXT QUESTION IS FOR THE CITY ATTORNEY.
SO WE HAVE NOW SPENT AN HOUR ON THIS.
WILL YOU BE APPLYING TO WHATEVER ETHICS COMMISSION RULES TO SEE IF WE CAN NOW GET A ONE HOUR CREDIT TOWARDS OUR FOUR HOURS THAT WE NEEDED TO HAVE FOR 2022? IT'S A JOKE YOU DON'T KNOW.
YEAH, JUST TRYING TO MAKE LIGHT, EVERYBODY.
NOTHING ELSE IS ON THE AGENDA.
LADIES AND GENTLEMEN, GET HOME SAFELY.
WE WILL SEE YOU AT 9:30 SHARP ON WEDNESDAY.
OH, DID YOU SAY YOU ADJOURNED? THEORETICALLY, THAT WAS WHAT THE WORDS BECAUSE I WANT TO GET CLARIFICATION WHEN THE MAYOR, SHE'S THE CHAIR OF THE MEETING.
BUT THERE SEEMS TO BE CONFUSION WHEN IF I'M ARGUING WITH YOU AND YOU'RE TRYING TO OVERRIDE ME, BUT I'M TRYING TO OVERRIDE YOU.
CITY ATTORNEY, HOW? WHO OVERRIDES WHO AT THIS POINT? SO TECHNICALLY, I CAN ACTUALLY OVERRIDE THIS BECAUSE THE MEETING WAS ADJOURNED, AND IT'S NOT SUPPOSED TO BE AN ARGUMENT FROM THE DAY AS IT'S SUPPOSED TO BE EACH PERSON SPEAKING GENERALLY.
THE RULES OF PROCEDURE THAT APPLY GENERALLY TO THE RIGHT ARE.
SO BASICALLY, THAT'S ALSO WHAT WE HAVE THE ISSUE WITH.
WE'VE LOST ONE PERSON ON THE COMMISSION BECAUSE THE MEETING IS TECHNICALLY ADJOURNED.
COMMISSIONER PLACKO NEEDS TO GO, SHE JUST SAID, SAYING GOOD NIGHT.
AND SO THIS MEETING THE REST OF THIS PART OF THIS MEETING, BECAUSE I WILL HAVE A GENERAL QUESTION GENERAL QUESTION TO YOU, SIR.
THE MEETING IS OVER AND SO THEREFORE IT COULD BE PRESENTED AND FINALIZED AT A WORKSHOP, A WORKSHOP.
I'LL FOLLOW UP WITH WITH THE COMMISSIONER VILLALOBOS TO THE QUESTION? HE ASKED.
AS THE MEETING WAS BEING ADJOURNED.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.